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NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



; TiORT/f , 



COIN' 

TlTUl II 1/1 



EXECUTIVE ORDERS 
FINAL DECISION LETTER 

PROPOSED RULES 

Economic and Community 
Development 

Environment, Health, and 
Natural Resources 

Human Resources 

Insurance 

Medical Examiners 

Pharmacy, Board of 

FINAL RULES 

Revenue 

List of Rules Codified 

ISSUE DATE: FEBRUARY 1 , 1 990 

Volume 4 • Issue 21 • Pages 1021-1 105 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The Nortli Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislati\e and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrati\e rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will topically comprise appro.ximately fifty pages per 
issue of legal text. 

State law requires that a cop>' of each issue be pro- 
\ided free of charge to each county in the state and to 
\arious state officials and institutions. The North Carolina 
Register is a\ailable by >earK' subscription at a cost of 
one hundred and fi\e dollars (S 105.00) for 24 issues. 

Requests for subscriptions to the North CaroHna 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North CaroUna Register. The notice must include the 
time and place of the public hearing: a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrati\e Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too length}'. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administratixe Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute pro\ides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
ma\' conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrati\"e Rules Review Commission. Upon ap- 
pro\'al of ARRC, the adopted or amended rule must be 
filed \K\\.\\ the Office of Administrati\e Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted \ersion will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrati\e Hearings for publication in the NCAC. 

Proposed action on rules ma\' be withdrawn b\- the 
promulgating agency at an\- time before final action is 
taken by the agenc\-. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effecti\e when adopted and remains in 



effect for the period specified in the rule or 180 days 
whichever is less. An agency adopting a temporary ruli 
must begin normal rule-making procedures on the per 
manent rule at the same time the temporary rule ii 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) i; 
a compilation and index of the administrative rules o 
25 state agencies and 38 occupational licensing boards 
The NCAC comprises approximately 15,000 letter size 
single spaced pages of material of which approximate 
ly 35 '^'o is changed annually. Compilation and publica 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Eacl 
state agenc>" is assigned a separate title which is fur 
ther broken down by chapters. Title 21 is designatec 
for occupational licensing boards. 

The NCAC is axailable in two formats. 

(1) Single pages may be obtained at a minimun 
cost of two dollars and 50 cents (S2.50) for 1( 
pages or less, plus fifteen cents (SO. 15) per eacl 
additional page. 

(2) The full publication consists of 52 \olumes 
totaling in excess of 15,000 pages. It is sup 
plemented monthly with replacement pages. .- 
one year subscription to the full publication in 
eluding supplements can be purchased fo 
seven hundred and fifty dollars ($750.00). In 
dividual volumes may also be purchased witl 
supplement ser\ice. Renewal subscriptions fo 
supplements to the initial publication available 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrativi 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro 
cedures to be followed. For specific statutory' language 
it is suggested that Articles 2 and 5 of Chapter 150B o 
the General Statutes be examined carefulh'. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited b\' \olume, issue 
page number and date. 1:1 NCR 101-201, April 1, 198 
refers to Volume 1, Issue 1, pages 101 through 201 o 
the Nortli Carolina Register issued on April 1, 1986 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and fi\e dollars (SI 05.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement ser\ice by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions se\en hundred and fifty dollars 
(S750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrathe Hearings 

P. O. Drawer 11666 

Raleigh, .\C 27604 

(919) 733 - 2678 



Julian Mann, 111 

Director 
James R. Scarcella Sr., 

Deputy Director 
MoUy Masich, 

Director APA Services 



EXECUTIA E ORDERS 

Executive Orders 101-102 1021 



II. EE\AL DECISION LETI ER 

Voting Rights Act 1022 



III. PROPOSED RIEES 

Economic and Community 
Development 

Banking Commission 1023 

Credit Union 1026 

Environment, Health, and 
Natural Resources 

Coastal Management 1078 

Environmental Management.... 1072 
Human Resources 
Division of Economic 

Opportunity 1070 

Employment Programs 1062 

Facility Scn,ices 1 029 

Individual and Family 

Support 1063 

Medical Assistance 1068 

Services for the Blind 1067 

Insurance 
l-nginccnng and Buildmg 

Codes 1071 

Licensing Boards 

Board of Medical 
Examiners 1081 

Board of Pharmacy 1087 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick. 

Editorial Assistant 
Jean Shirley, 

F.ditorial Assistant 



IV. FINAL RULES 
Revenue 

Motor Fuels Tax Di\ ision. 
List of Rules ( odificd 



.1003 
.1097 



M. CUMULAin E INDE.\. 



.1102 



NORTH CAROIJNA REGISTER 

Publication Schedule 

(January 1990 - December 1991) 



Issue 


Last Dav 


Last Day 


Earliest 


+ 


Date 


for 




for 


Date for 


Earliest 




FUmg 


Electronic 


Public 


Effective 








Filing 


Hearing & 
Adoption by 
Agency 


Date 


+**+++** 


** 


****** 


+***+++* 


*++*+*** 


******+^ 


01/02,90 


12, 


07,89 


12/14/89 


02/01/90 


05/01/90 


01/ 16/90 


12 


20 89 


12,'29;89 


02/15/90 


05'01/90 


02/01 90 


01 


10 90 


01/18/90 


03/03 '90 


06/01/90 


02/15 90 


01 


25 90 


02/01,90 


03/17 90 


06 01 90 


03,01,90 


02 


08 90 


02 15,90 


03/31 90 


07 01/90 


03/15,90 


02 


22 90 


03 01/90 


04 14/90 


07/01,90 


04 02/90 


03 


12 90 


03/19/90 


05 02/90 


08/01/90 


04 16'90 


03 


23,90 


03/30/90 


05/1690 


08/01/90 


05 01 90 


04 09 90 


04 17/90 


05/31 90 


09 01 90 


05 15 90 


04 24 90 


05 01,90 


06 14 90 


09 01,90 


06 01,90 


05 


10 90 


05/17/90 


07 01 90 


10/01/90 


06 15 90 


05 


24 90 


06 01/90 


07 15/90 


10 01/90 


07 02 90 


06 


11 90 


06 18/90 


08 01 90 


11,01/90 


07 16 90 


06 


22 90 


06 29 90 


08/15 90 


11/01,90 


08 01,90 


07 


11 90 


07/18/90 


08 31 90 


12 01 90 


08 15 90 


07 


25 90 


08/01/90 


09 14 90 


12 01,90 


09 04 90 


08 


13 90 


08,20/90 


10 04,90 


01/01,91 


09/14 90 


08 


24,90 


08/31/90 


10 14/90 


01 '01/91 


10 01 90 


09 


10 90 


09/17/90 


10 '31 90 


02 01/91 


10 15 90 


09 


25 90 


1002/90 


11 14 90 


02 0L91 


11 01 90 


10 


11 90 


1018 90 


1 1 30 90 


03 01/91 


11 15,90 


10 


24 90 


10/31,90 


12 14 90 


03 01/91 


12,03/90 


11 


08 90 


11/15/90 


01/02/91 


04/01/91 


12 14 90 


11 


21 90 


11/30/90 


01/13/91 


0401/91 


01 02,91 


12 


07 90 


12/14,90 


02 0L91 


05 01/91 


02/01/91 


01 


10 91 


ori8/9i 


03/03 91 


0601-91 


03,01,91 


02 


OS 91 


02/15/91 


03/31/91 


07 01 91 


04 01'91 


03 


11 91 


03/18 91 


0501/91 


08 01 91 


05,01,91 


04 


10 91 


04/17/91 


05/3 1/9J 


09,01,91 


06 0391 


05 


10 91 


05/17/91 


07/03/91 


10/01/91 


07 01 91 


06/10 91 


06 17/91 


07,31 91 


11 01 91 


08,01 91 


07/11/91 


07/18/91 


08 31 91 


12 01 91 


09 03 91 


08 


12 91 


08 19 91 


10 03 91 


01 01/92 


10 01,91 


09 


10 Ql 


09. 17 91 


10 31 91 


02 01 92 


11 01/91 


10 


11 91 


1018,91 


12,01 91 


03/01/92 


12 02 91 


11 


0^ 01 


11 1491 


01 01 92 


04 01 92 



* The "Earliest Effccthe Dale" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the nde with The Adminislrali\e Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the nde at the next calendar month meeting. 



EXECUTIVE ORDERS 



KXECU IIVR ORDER NUMBER 101 

A.VIENDING EXECUTIVE ORDER NUMBER 55 

EXTENDING EXIMRAIION DATE OF 

EXECUTIVE ORDER NUMBER 55 

By the authority vested in me as Governor by 
the Constitution and laws of North Carolina, IT 
IS ORDERED: 

The Martin Luther King, Jr. Holiday Commis- 
sion, established by Executive Order Number 55, 
on September 30, 1987, is hereby extended, ef- 
fective September 30, 1989, through September 
30, 1991. 

Done in Raleigh, North Carolina this the 21st 
day of December, 1989. 

EXECUTIVE ORDER NU.MBER 102 

AMENDMENT TO EXECUTIVE ORDER 

NUMBER 88 

COUUMBUS VOYAGES QUINCENTENARY 

COMMISSION 

Whereas, on May 8, 1989, I established the 
Columbus Voyages Quincentenan,' Commission 
under the Department of Administration by is- 
suing Executive Order Number 88; and 



Whereas, I desire to transfer the Columbus 
Voyages Quincentenary Commission from the 
Department of Administration to the Depart- 
ment of Cultural Resources; 

By the authority vested in me as Governor by 
the Constitution and laws of the State of North 
Carolma, IT IS ORDERED: 

Executive Order Number 88 is amended as fol- 
lows: 

Section (a) of Executive Order Number 88 en- 
titled "Columbus Voyages Quincentenary Com- 
mission" is amended by transferring the 
establishment of the Commission from the De- 
partment of Administration to the Department 
of Cultural Resources. 

Section (d) of Executive Order Number 88 is 
amended in part to read, "Administrative support 
for this Commission shall be provided by the 
Department of Cultural Resources." 

Section (e) of Executive Order Number 88 is 
amended in part to read, "Eunds for reimburse- 
ment of such expenses shall be made available 
from funds authorized to the Department of 
Cultural Resources for such purposes." 

Done in Raleigh, North Carolina, this the 21st 
day of December 1989. 



NORTH CAROLINA REGISTER 



1021 



VOTING RIGHTS ACT FINAL DECISION LETTER 



[G.S. I20-30.9H, effeclive July 16, 1986, requires thai all letters and other documents issued by the 
Attorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the Sorth Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

Office of the Assistant .Attorney General Washington, DC. 20530 

Januar>- 8. 1990 

Michael Crowcll. Esq. 
Tharrinston, Smith & Harsrove 
P.O. Box 1151 
Raleigh, North Carolina 27602 

Dear Mr. Crowell: 

This refers to our letter of December 4, 1989, interposing a provisional objection, under Section 
5 of the Voting Rights .Act of 1965, as amended, 42 U.S.C. 1973c, to Chapter 195, H.B. 595 (19S9), 
which allows, until .August 1, 1990, the board of commissioners to change its method of election 
without holding a referendum election and pennits the adoption of specified additional election features, 
and the June 26, 1989, Resolution of the board of commissioners, which implements Chapter 195 
(19S9) to provide for an increase in the number of commissioners from five to seven: a change in the 
method of election from at large by majonty vote and staggered terms (3-2j to four commissioners 
elected from single-member districts and three commissioners elected at large, all by plurality vote for 
staggered terms (4-3), with the three at-large scats elected concurrently without numbered posts; a dis- 
tricting plan: an implementation schedule; and procedures for selecting party nominees in the e%'ent of 
a tie in the primar>' for Lee County, North Carolina. 

As promised in the December 4, 1989, letter, we have now completed our analysis of the proposed 
changes. In doing so, we have considered carefully all of the information and materials you have sup- 
plied, along with information from other interested parties and the Bureau of the Census. As a result, 
we find no basis for continuing the objection to the changes in\'olved in Chapter 195 (1989) or to the 
proposed method of election changes, districting plan, and related changes involved in the June 26, 
l'''S9, Resolution. ^Accordingly, the objection is hereby withdrawn. However, we feel a responsibility 
to point out that Section 5 of the Voting Rights .Act expressly provides that the failure of the .Attorney 
General to object does not bar any subsequent judicial action to enjoin the enforcement of such 
changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 



Sincerelv, 



James P. Turner 

.Acting .Assistant Attorney General 

Civil Riglits Division 



By: 

Gerald ^^^ Jones 

1022 NORTH CAROLINA REGISTER 



PROPOSED RULES 



in IE 4 - DKPAR rMLN r OF KCONOMIC 
AM) CO.M.MUMTY DEVELOPMENT 



No 



otlce is hereby given in accordance with G.S. 
I50B-I2 that the North Carolina Banking Com- 
mission intends to amend nde(s) cited as 4 
NCAC 3 A .0101; 3C .070/ - .0703, .1302. .1401 

- .1402: repeal rule(s) cited as 4 NCAC 3C .0501 

- .0502, .0704 - .0705; and adopt nde(s) cited as 
4 NCAC 3C .0503, .1601. 

I he proposed effective date of this action is June 
I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on March 13, 1990 at North Carolina Bank- 
ing Commission, Dobbs Building - 6th Floor 
(Room 6210), 430 North Salisbury Street, 
Raleigh, North Carolina. 



Co 



ommcnt Procedures: Comments must be sub- 
mitted in writing not later than Thursday, March 
8, 1990. Written comments should be directed to: 

L. McNeil Chestnut 

General Counsel 

North Carolina Banking Commission 

Post Office Box^ 295/2 
Raleigh, North Carolina 27626-05/2 

CHAPIKR 3 - BANKING COMMISSION 

SLBCIIAPTER 3A - ORGANIZATION 

SECTION .0100 - GENERAL INFORMATION 

.0101 NAME: LOCATION AND ADDRESS 

Ihe office of the North Carolina Banking 
Commission is located at Room 6^ 6210, 
Dobbs Buildmg, 430 North Salisbury Street, 
Raleigh, North Carolina. The mailing address 
for the Banking Commission and all of its offi- 
cers and cmploNces is P.O. Bo.\ ^i^ 2')512, 
Raleigh, North 'Carolina 27602. 27626-0512. 
The office is open to the public Monday tlirougli 
Friday, 8;00 a.m. to 5:00 p.m. 

Statutory Authority G.S. 53-92; /50B-/0. 

slbciiapier 3c - hanks 

sec hon .0500 - v\ ork week 

.0501 oi'Erahon of hanks on a 

i 1\ e-i)a> week hasis (rei'ealed) 

.0502 HANKS REVER lINi; lO A SI.\-DAV 
W ELK HASIS (REI'EALED) 



Statutory A uthority 
/50B-//(/). 



.0503 



G.S. 53-77./; 53-92; 



DAYS AND HOLRS OF REGULAR 
OPERATION 

On request state and national banks shaU file 
with the Commissioner a schedule of the days 
and hours of regular operation for the bank and 
each of its branches and limited ser\ice facilities. 

Statutory Authority G.S. 53-77./ A(d); 53-92; 
/50B-/l(/). 

SECTION .0700 - REPORTS REQUIRED BY 
COMMISSIONER OF BANKS 

.0701 EXAMINING COMMITI EE REPORT 

I'orm 7 is a report reflecting the results of a re- 
quired annual examination of a state bank con- 
ducted by an examining committee appointed by 
the bank's board of directors. It contains a bal- 
ance sheet and a questionnaire covering various 
statutory' and regulatory requirements, -tt- Form 
7 is required to be filed annually and is due not 
later than June 30 for the preceding \car. The 
fonn may be obtained from and should be filed 
with: 

'Fhe Commissioner of Banks 

P.O. Box 0^4- 29512 

Raleigli, North Carolina 27602. 27626-0512. 



Statutory Authority 
l50B-//(/). 



G.S. 53-83; 53-92; 53-99; 



.0702 REPORTS OF CONDITION AND 
INCOME 

Every state bank shall submit a report of con- 
dition and income to the Commissioner of Banks 

ifvr b«t ift no later 



event less than tlueo timcM i » year wni according 
to- ?i uch form f» he ;. hall piL ' i . cribo. 30 da\s after 
the end of each calendar quarter. Such reports 
' . ' hall be i . ubmilted bh- Form Mr I'hat form 
contain^i a balancL' C i hoet hs wt41 *s ft di. ' tiuli. ' d 
bruiikduvrn »f t+w major a '. j . ot ttftd liability calo 
gorio '. . rt+hi inu '. t be -. ulMniHod vi i ithin -W day. . h4' 
tl*e rL ' CL ' ipt t4' 4+e roquoL i t tliorefor. l pon ' ■ '. ■ lillL ' n 
roquL ' i . t Ae cornmi; . ;uon e r may exloiui t-be linio 
p e riod fof «{* t» 54) days' , tf m te judgm e nt j . ucli 
extenoion is necoccary. The report of condition 
and income form can be obtained from and 
should be submitted to: 

The Commissioner of Banks 

P.O. Box ^^ 20512 

Raleitih, North Carolina ¥M^^ir 27626-0512. 



Statutory Authoritv 
/50B-/l(/!. 



G.S. 53-92; 53-/05; 



NORTH CAROLINA REGISTER 



1023 



PROPOSED RULES 



.0703 I'LBIJSHKK'S COI'Y, RKI'OKT OF 
CONDinON AM) INCOMK 

Cver>' state bank shall submit along with each 
report of condition and income a summary of 
'. uoh the report di" .i uino. ' d fof publication. Such 
publi '. hL ' r'ti copy is required t** h% which has been 
published in a newspaper of general circulation 
publi ii hc ' d jft At» plac e where the bank is located, 
t+f if If there is no newspaper published or circu- 
lated m the place where the bank is located, then 
if* the report summary' must he published in a 
neN'.spaper of general circulation nearest &»» 
publiL i h e d th e r e to h+ the county i«- V i hich r . uch the 
bank, i* L"jtubli !. h<.'d. Proof of fiuch publication 
shall be furnished the Commissioner of Banks in 
j . uch the form as may be prc 'i crib e d by him. of 
a certificate or affKla\it of publication. Such 
i. ummaP i ;. hall be L i ubmillod ew- borm 6 Ip. That 
form CO ntninr . a- balanc e i . hoet a«4 » publiohor'o 
CL ' ilificatL'. 44*e A form can be obtained from 
and should be submitted to: 

The Commissioner of Banks 

P.O. Box ai4- 22512 

Ralcidi, North CaroUna 276 (1 2. 27626-0512. 

Stdtutoiy Authority G.S. 53-92; 53-/05; 
l50B-li(I). 

.0704 CONSOLID.VTED REPORT OF INCOME 

(REPEALED) 
.0705 REPORT OF MANAGEMENT AND 

PERSONNEL (REPEALED) 

Statutory Authoritv G.S. 53-92: 53-106: 53-107; 
I50B-II(I). 

SECTION .L^OO - BANK PERSONNEL 

.L^02 SHARE PLRCIIASE AND OPTION 
PLANS 

A state-chartered bank may grant options te 
purchase, ^-etl-r b+ I ' lit e r i+*4e aLjoomcnli . t++ ^eWr 
i' lmrc 'i t4 hts capital 'i tuck te ite officer!' , (wni efw- 
ploVL'LMi establish: 

( 1 ) stock option plans for the benefit of its di- 
rectors, officers, einploxecs, or an\ of these 
groups, and 

(2) stock purchase plans for the benefit of offi- 
cers and empknees pro\'ided the following 
conditions are met: 

{Vf Application I++F ai^proval ■ ; . hall be mad e to- 
t4+e Commi '.'. icinLT «f Bcrnk ji t» Ae term t+f 
» lettor containing t+»e follo' i ' . ing infonna 

k^rf dL' '. cripli(Mi h4^ att material prosicionr . ef t4»e 

plan. 
(4*^ iiropo '. ed n(Mice wf shareholder '' ' meeting 

pro \y afi4 proxy stat e m e nt, 



(^ numb e r »f shares &f authorized b«t- unis 

sued stock te be allooatod to- the plan, 
fd^ proposed amendments te articles e4^ ifi- 
corporations crcviting authoriz e d b+rt Wfi- 
issued stock a«4 eliminating preemptive 
rights a* t» shares resenod under the plan. 
(a) The bank must submit a written request 
to the Commissioner which includes or 
incorporates by reference the following 
infonnati(m: 

(i) A dralt cjf the plan documenL 

(ii) A copy of the proposed notice of 
shareholders' meeting, proxy, and proxy 
statement. 

(iii) I he number of authorized but unissued 
shares that will be allocated \o_ tlic plan, 

(iv) A cop\' of any proposed amendments 
to the Articles of incorporation creating 
authorized but unissued stock and elimi- 



nating pre-emptive rights as to shares re- 
served under a stock option or stock 
purchase plan, and 
(v) The number of shares of sttKk oi_it- 
standing at the time the request is made 
and the number of shares which ha\e 
previoush been allocated to anv sttK'k 
option or stock purchase plan. 
[b| (4+ 44af>- Ixcept for stock option plans for 
directors, the plan is administered by a 
committee, none of whose members may 
participate in the plan. 

(c) (4) The number of shares allocable to any 

person under the plan is reasonable in re- 
lation to the purpose of the plan and the 
needs of the bank. 

(d) f4^ In the case of a stock option plan, the 

number of shares subject to the plan is 
ftet unr e a j. onable reasonable in relation to 
the bank's capital structure and antic- 
ipated growlh. 

(e) (-5^ Shares issued to emplo\ees and officers 

under this Regulation may be authorized 
but unissued stock which has been au- 
thorized by stockholders in accordance 
with state law, and in accordance with 
proper notification of shareholders. 
(44 -l-he increase m- capital reprC ' ent e d by 
stt)ck certificate ', is '. ued pursuant k+ (j.S. 
53 ' Ij..! v4H ft»t be applicable. InT i i i ever. 
f»f the puiTios e s ef permilled iiT i estment 
m- banking premi -. f . . lending limits, 
branche '. . a«4 Wre purpos e s, until a nota 
ri;'ed notice specifying the annnint paid 
tftte- the bank therefor, shall be executed 
bv art execuli' i e officer h4^ the bank af+4 
fik*4 with the commi '.'. ioner afki until the 
c(Mnm i'. sioner approv e s thereof a«4 ae^ 
kntHvledge '. that such sums have been 



1024 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



m 



duly paiJ m as part »f tb# capital ef A« 

hank. 

Stock allocated or reserved for a stock op- 

tion plan or a stock purchase plan may 



not he included in computing the hank's 
in\'estment limitation, loan limitation, 



fixed asset limitation, or anv other limita- 



tion hased on capital, until the stock has 
been paid for in full. 

Statutory Authority G.S. 53-/0; 53-43: 53-43.3: 
53-92: 53-104: 1508-11(1). 

SECTION .1400 - LEGAL RESERVE 

.1401 REQl IREMENT OF RESERVE FLND 

(a) The amount of the reserve fund which shall 
be established and maintained shall at all times 
equal VM porcont ef the total reserves required 
by the Tederal Reserve System for non-member 
banks, with Be- reduction fof mw- tranr . itional 
iidjuL i tmL'iitu »liich may be pormittod by todorul 
ktw e* rogulution. 

(b) In the event the reservable liabilities of any 
bank are such that no reserve is required of that 
bank by the Federal Reserve System, such bank 
shaU maintain a reser\'e fund equal to three per- 
cent of its total deposits of ever>' kind which are 
not secured by a deposit of bonds, notes, bills, 
and certificates of indebtedness of the United 
States, or agency thereof, or other obligations 
guaranteed by the United States Government, or 
the bond obligations of the State of North 
Carolina, its counties, municipalities, and other 
political subdivisions thereof. 

Statutory Authority G.S. 53-50: 53-92: 53-104: 
I50B-II{I). 

.1402 BASIS FOR COMI'LT.VTION AND 
NLMNTENANCE 

Required reserves shall be computed on the 
basis of the daily average deposit balance during 
a L ' Ovcn day 1 4-dav period ending oach Wcdnos 
fckty e\er\' secc)nd Monday (the "computation 
period"). The method for determining the 
amount of reserve required is set forth in Rule 
.1401 of this Section. 1 he reserves that are re- 
quired to be maintained shall be maintained 
during a corresponding i . o' i X ' n day 14- day period 
(the "maintenance period") which begins on the 
second i'hursday following the end of a gi\en 
computation period and ends on the second 
Wednesday thereafter. For non-business da\s 
deposit tigurcs of the prior banking day will be 
used. 



Statutory Authority G.S. 53-50: 53-92: 53-104: 
1503-11(1). 

SECTION .1600 - FEES 

.1601 FEES, COPIES AND PUBLICATION 
COSTS 

(a) For applications, petitions, and other pro- 
ceedings which must be filed with the Commis- 
sioner of Banks the following fees shaU be paid 
to the Commissioner at the time of filing: 

(1) Application for the 

Formation of a New Bank $ 10,000.00 

(2) Application for Authority 

to Decrease Capital Stock $ 250.00 

(3) Application to Merge 
or Consolidate Banks 

(fee is per bank) $ 4,000.00 

(4) Application for Reorganization 
Into a Bank Holding Company 
Through an Interim Bank 

(fee is per bank) $ 4,000.00 

(5) Application for 

Reorganization $ 4,000.00 

(6) Application for Conversion 
of a National Bank to State 

Charter $ 5,000.00 

(7) Application for Voluntary- 
Liquidation $ 3,000.00 

(8) Application for Authority 
to Create and Invest in a 

Subsidiary $ 750.00 

(9) Application for Approval 
of Change in Bank Control 

or Mana^gement $ 1,000.00 

(10) Petition for Authority 
to Exceed Investment 

or Loan Limitations $ 250.00 

(11) Application for Authority 
to Fstablish a Branch 

Bank $ 1,000.00 

(12) Application for Authority 
to Relocate a Main Office 

or Branch $750.00 

(13) Application for Authority 
to Create a Lunitcd Service 

Facihty % 1,000.00 

(14) Application for Authority 
to Convert a Branch to a 

Limited Ser\ice Facility $ 500.00 

(15) Authority to Close a 

Branch ' $ 1,000.00 

(16) Request for Replacement 

Charter Certificate $25.00 

(17) Request for Certificate of 

Good Standing $25.00 

(b) The fees set forth in Paragiaph (a) of this 
Rule are for standard applications, petitions, and 



NORTH CAROLINA REGISTER 



1025 



PROPOSED RULES 



other proceedings filed and considered in the or- 
dinary course of business. /\ny application, pe- 
tition or other proceeding which in the opinion 
of the ("ommissioner of Banks requires extraor- 
dinar>' re\iew, investigation or special examina- 
tion will be subject to additional expenses at an 
hourly rate to be determined armually by the 
Banking Commission. The Commissioner of 
Banks will advise an applicant or petitioner in 
ad\ance of an\' additional work required and the 
hourly rate for the same. 

(c) Publications available through the Banking 
Commission and copies of public records may 
be obtained at the following costs. 

(1) Publications: 

(A) Consumer Finance Laws of 
North Carolina 19S8 Edition 
(Includes Consumer Finance 
Act, Retail Installment Sales 

Act, and Interest Rate I aws) $ 8.00 

(B) Laws of NC Relating to 
Banks and Savings and Loans 
(Including the latest 

Cumulative Supplement) $ 15.00 

(C) The Cumulative Supplement 
(individually) $ 8.00 

(D) .'Vnnual Report of Consumer 
Finance Licensees $ 4.00 

(F) Annual Report of State- 
chartered Banks $ 5.00 

(F) .\nnual Report of Special 

Scr\'ices $ 3.50 

(G) North Carolina Administrative 
Code - Chapter 3 Banking 
Commission and Related 
Regulations $ 7.50 

(H) Annual Subscription for 
Official Notice- Ma.ximum 
Rate of Interest .Mlowcd 
on Certain Loans $ 10.00 

(2) Copies of public records: one dollar 
($1.00) per page. 

(d) .Any new publication or any publication not 
set forth in Subparagraph (c)( 1) of this Rule may 
be purchased at a price of fu'c cents ($0.05) per 
page. 



Slatulon' Authority 
150D-li(lj. 



G.S. 53-92: 53-122(1); 



•k'k'k'k-k'k'k'kii^'k'k'k'k'k-k^'k 



nde(s) cited as 4 NCAC 6B .0301 - .0303, .0401 
- .0402, .0501 - .0509. 

1 he proposed effective date of this action is June 
I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on March 5, ^1990 at Room 4009, Dobbs 
Building, 430 Sorth Salisbury Street, Raleigh, 
Sorth Carolina 27603. 

y^omment Procedures: Any interested person 
may present his/her comments either in writing 
three days prior to or at the hearing or orally at 
the hearing for a maximum of ten minutes, .-iny 
person may request information by writing or 
calling .Mr. Stanley IF. Brown, Jr., Credit Union 
Division, 430 North Salisbury Street, Raleigh, 
Sorth Carolina (919) 733-7501. 

CHAPTER 6 - CREDIT LMON 

SI BCMAI'IER 6B - RLLE-MAKING: 

DECLARATORY RLl INGS AND COM ESTED 

CASES 

SECTION .0100 - Rl IE-MAKING AND 
DECLAR.\TOR^ Rl LINGS 

.0101 PETITIONS (REPEALED) 

Statutory Authority G.S. 54-109.12: 150B-16. 
.0105 DECLARATORY RULINGS (REPEALED) 

Statutory .Authority G.S. 54-109.12: 150B-17. 

SECTION .0200 - CONTESTED CASES 
(REPEALED) 

.0201 REQUEST FOR HEARING 

.0202 GRANTING OR DENYIN(; HEARING 

REQUESTS 
.020.1 NO I ICE OF HEARING 
.0204 WHO SHALL HEAR CONTESTED 

CASES 
.0205 PETITION FOR INTERN ENTION 
.0206 TYPES OF IN lERX EN HON 

Statutory Authority G.S. lA-1. Rule 24: 
54-109.12: 1 SOB- 23: 150B-3S: 150B-40. 

SECTION .0300 - RULE-MAKING IIE.\RINGS 



lyoticc is hereby given in accordance with G.S. 
150B-12 that the ECD, Credit Union Division in- 
tcnd'i to repeal rule(s) cited as 4 .\CAC 6B .0101. 
.0105. .0201 - .0206: 6C .0701 - .0W5; and adopt 



.0.^01 PETITION FOR ADOPTION: 

AMENDMENT OR REPEAL OF Rl FES 

(a) Right to Petition. Any interested person 
may petition the Administrator to promulgate, 
amend, or repeal an administrative rule. 



1026 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(b) Form of Petition. The petition shall be in 
writing, signed by the petitioning party or parties 
and must include the address of the petitioning 
party. In addition, the petition shall contain the 
following information: 

(1) a draft of the proposed rule, amendment 
or repeal or a summary' thereof; 

(2) the reason(s) for the proposal; 

(3) the effect on existing rules or orders or 
both; 

(4) any data showing the probable effect of the 
proposal on existing practices in the area 
involved, including cost; and 

(5) the names of those most likely to be af- 
fected by the proposal with addresses if 
reasonably known. 

(c) Address for Petition. Petitions shall be 
addressed to the Division at its mailing address. 

(d) Disposition of Petition. Upon receipt of a 
petition, the yVdministrator will make a study of 
the facts stated in the petition and any additional 
information he deems relevant. Ihe Adminis- 
trator's disposition of the petition will be made 
in one of the following forms within 30 days of 
receipt of the petition: 

(1) a written denial of the proposal setting 
forth the reasons for such denial, or 

(2) a written communication to the petitioner 
indicating the Administrator's plan to ini- 
tiate rulemaking procedures pursuant to 
G.S. 150B-12. 

Staliiuny Authohly G.S. 54- J 09./ 2: I SOD- 1 2. 

.0.^02 NOFK K OK Kl I K-MAKI\C IIKAKINGS 

Any person or agency desiring to be placed on 
the mailing Ust for the Administrator's rule- 
making notices may file such request by furnish- 
ing a name and mailing address in writing to the 
Division at its mailing address. The request must 
state the subject areas \\ ithin the authority of the 
Administrator's office for which the notice is re- 
cjuested. The Administrator may require rea- 
sonable postage and stationery costs to be paid 
by persons recci\ ing such notices. 

Statutoiy Authority G.S. 1 508- 1 2. 

.O.W.? Rl LK-MAKING HEARINGS: GENERAL 
lNEOR>EVHON 

The hearing officer shall have complete control 
of the proceedings, including extensions of any 
time requirements, order of presentations, time 
allotments for presentations, direction of the flow 
of the discussion and the management of the 
hearing. I'ach person participating in the hearing 
shall be gi\'cn a fair oppoiliinity to present \ iews, 
data, and comments. 



Statutory Authority G.S. I50B-I2. 
SECTION .0400 - DECLARATORY RULINGS 

.0401 FEIIIION FOR DECLARATORY 
RLLING 

(a) Petitioner Must Possess Interest. The 
petitioner must possess such an interest in the 
question to be ruled on that the petitioner's need 
to have such a ruling in order to comply with 
statutory requirements. Division rules, or Divi- 
sion policy shall be apparent from the petition 
and shall be fully explained therein. 

(b) Form and Content of Petition. The peti- 
tion shiill be typewritten and shall contain the 
name and address of the petitioner, the specific 
factual situation involved, the question or 
questions sought to be answered, and the iden- 
tilication of the rules, statutes, or orders applica- 
ble to the question presented. 

(c) Written Brief May Be Submitted. The 
petitioner may submit a written brief but oral 
argument shall not be allowed unless deemed 
necessary by the Administrator. 

(d) Mailing Address. All requests for 
declaratory rulings shall be mailed to the Di\ ision 
at its mailing address. 

Statutory Authority G.S. 54-109.12; I50B-I7. 

.0402 RESPONSE OF ADMINISTR.VTOR TO 
PETITION 

(a) Written Response. A written response to 
the petition for a declaratory ruling, whether in 
the form of a declaratory ruling or a refusal to 
issue a declarator^' ruling, shall be signed by the 
Administrator or his designated representative 
within 60 days following the date on wiiich the 
petition was rccei\ed by the Division. 

(b) Refusal of Issue Declaratory Ruling. The 
Administrator may refuse to issue a declaratory 
ruling if one of the following circumstances ex- 
ists: 

(1) Fhe subject matter is one in wliich the 
Administrator has no authonty to issue a 
binding decision; 

(2) The situation is one in which the amount 
of work that would be required by the 
Administrator and staff to issue the 
declaratory ruling would be the same as 
or greater than the work required to 
process the request through normal pro- 
cedures or a contested case proceeding; 

(3) The petition does not state with enough 
specificity the factual situation involved, 
or the question is presented in such a 
manner that the Administrator cannot 
determine what the question is, or that the 



NORTH CAROLINA REGLSTER 



1027 



PROPOSED RULES 



Administrator cannot respond with a spe- 
cific ruling that will be binding on all 
parties; 

(4) The petitioner does not, in the opinion of 
the Administrator, possess sutTicient in- 
terest in the question to be ruled on; or 

(5) For any other reason the Administrator 
fmds the issuance of a declaratory' ruling 
to be undesirable. 

Statuloiy Authority G.S. I SOB- 17. 

SECTION .0500 - ADMIMSTRATIVE 
HEARINGS 

.0501 RIGHT TO HEARING 

Whenever the Administrator acts in such a way 
as to atTect the rights, duties or privileges of a 
specific identified party, the party may appeal for 
a final decision by the Administrator in accord- 
ance with /Vrticle '3A of G.S. 150B. 

Statutory Authority G.S. /50B-3S. 

.0502 INFORMAL SETTLEMENT 

(a) Attendance at Settlement Conference. Be- 
fore a hearing request can be acted upon, a per- 
son must fu"st make an effort to resolve the 
matter with the Division informally and must 
attend and participate in any scheduled meetings 
or conferences. 

(b) Settlement Statement. A proposed settle- 
ment, including a stipulated statement of facts, 
shall be set forth in writing by the Division. If 
the proposed settlement is agreed to by all parties 
to the matter, it shall represent the final disposi- 
tion of the matter and shall be signed by all par- 
ties to the matter or their legal representatives. 
If the proposed settlement is not agreed to and 
signed by all parties, then the matter shall pro- 
ceed as pro\'ided in this Section. 

Statutory Authority G.S. 54-109.12. 

.0503 REQUEST FOR HEARING 

(a) form of Request. A request for an ad- 
ministrati\'e hearing must be in writing and must 
contain the following mformation: 

( 1) name and address of the person requesting 
the hearing; 

(2) a concise statement of the action by the 
Administrator that is being cliaUengcd; 

(3) a concise statement of the mamicr in 
which the petitioner is aggrieved; and 

(4) a clear and specific demand for a public 
hearing. 

(b) .\ddress tor Request. The request for 
hearing shall be tiled with the Di\ision at its 
mailinsi address. 



Statutory Authority G.S. 54-109.12; I50B-38. 

.0504 NOTICE OF HEARING 

Notice of a public hearing shall be given in 
writing to the appropriate parties in advance of 
the hearing date as required by the law applicable 
to the hearing being held. 

Statutory Authority G.S. 1 50 B- 38. 

.0505 INTERVENTION IN AN 

ADMINISTRATIVE HEARING 

(a) Petition to Inter\-ene. A petition to inter- 
vene may be permitted if timely and il' the peti- 
tion meets the criteria set forth in G.S. lA-1, 
Rule 24(b). 

(b) Intervention Criteria. In addition, the Ad- 
ministrator, in his discretion, may allow inter- 
vention or limited intervention when: 

(1) Similar rights will be affected; 

(2) Intervention will not confuse issues; 

(3) Issues arc the same or similar to the issue 
in question; 

(4) Intervention is in the public interest; and 

(5) Intervention will not prejudice the rights 
of parties. 

(c) Form of Petition. A petition to intervene 
shall contain the name of the petitioner, the title 
of the hearing, the date and time of the hearing, 
if known, and the grounds for inten.'cntion. The 
petition for intcr\ention shall be addressed to all 
parties affected thereby and to the Division at its 
mailing address. 

(d) Notice of Intervention. If the Administra- 
tor allows intervention, notice of that decision 
shall be issued promptly to all parties and to the 
petitioner. Notification wLU include a statement 
of any limitation of time, subject matter, evi- 
dence, or other limitations imposed on tlie 
intervenor. If the Administrator's decision is to 
deny inter\'ention, the petitioner will be notified 
promptly. 

Statutory Authority G.S. I A- 1: I50B-3S. 

.0506 DEPOSITIONS 

The use of depositions may be allowed only 
when attendance at a hearing would work a 
hardship on a person otherwise available to be 
subpoenaed as a w itness, and such hardship is so 
great as to be unreasonable in light of the testi- 
mony that person may be expected to give. In 
such a case, a deposition will be taken in ac- 
cordance with the North Carolina Rules of Ci\il 
Procedure. .All necessary rulings as to whether a 
deposition will be allowed or as to methods of 



1028 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



securing a deposition are within the power and 
discretion of the hearing officer. 

Statutory Authority G.S. lA-l; I50B-39. 

.0507 SUBPOENAS 

(a) I learing Officer May Issue Subpoena. .'Vny 
hearing officer may issue subpoenas in the name 
of the Administrator. 

(b) Request for Subpoena. Subpoenas requir- 
ing the attendance of witnesses, or the production 
of documents, evidence or things will be issued 
promptly by a hearing officer after receipt of a 
written request from a party to a contested case 
for such subpoena. 

Statutory Authority G.S. I50B-3S; I50D-39. 

.0508 SKK\ ICE OF SI BPOENAS 

(a) Methods of Service. Subpoenas shall be 
served as the officer issuing the subpoena shall 
direct. Subpoenas may be directed to be served 
by any of the foUow ing methods: 

(1) by an employee of the Division; or 

(2) by the sheriff of the county in which the 
person subpoenaed resides, when the 
party requesting such subpoena prepays 
the sheriff's service fee. 

(b) I orm of Subpoena. Subpoenas will be is- 
sued in duplicate with a "Return of Service" form 
attached to each copy. The person serving the 
subpoena shall fill out the "Return of Service" 
form for each copy and promptly return one 
copy of the subpoena, with the attached "Return 
of Service" form completed. 

Statutory Authority G.S. I50B-38: I50B-39. 

.0509 OB.IECI ION TO A SI BPOENA 

(a) I'orm of Objection, f-xcept as may be 
otherwise stated in a particular subpoena, a party 
or person receiving a subpoena from the Division 
may object thereto by filing a written objection 
to the subpoena with the Di\ision at its mailing 
address. An objection to a subpoena must in- 
clude a concise but complete statement of rea- 
sons vshy the subpoena should be revoked or 
modified. These reasons may include any reason 
in law for holding the subpoena invalid. 

(b) Service of Objection. The objection shall 
be served upon the Administrator and the part\' 
who requested the subpoena. Service shall be in 
accordance with the North Carolina Rules of 
Civil Procedure. 

(c) Response to Objection. The party re- 
questing the subpoena may file a wntten re- 
sponse to tiie objection. The response shall be 
ser\'ed in like manner as the objection. 



(d) I learing on Subpoena. After receipt of the 
objection and response thereto, the hearing offi- 
cer may issue a notice to the party who requested 
the subpoena and the party challenging the 
subpoena, and may notify all other parties of a 
hearing, to be scheduled as soon as practicable, 
at which time evidence and testimony regarding 
the objection and response may be presented. 

Statutory Authority G.S. 1 SOB- 38; I50B-40. 

SLBCIIAPTER 6C - CREDIT UNIONS 

SECTION .0700 - ACCOUNTS 

.0701 GENERAL (REPEALED) 

.0702 INDIVIDUAL ACCOUNTS (REPEALED) 

.0703 .lOINT ACCOUNT AGREEMENT 

(REPEALED) 
.0704 REV OCABI.E TRUST AGREEMENT 

(REPEALED) 
.0705 CUSTODIAL ACCOUNT FOR MINORS 

(REPEALED) 

Statutory Authority G.S. 54-109.12; 

54-109.44(6). 

TITLE 10 - DEPARTMENT OF HLNEAN 
RESOURCES 

lyotice is hereby gr\-en in accordance with G.S. 
I50B-I2 that the Human Resources/ Social Ser- 
vices intends to adopt nJes cited as 10 NCAC 3.1 



.2301 - .2303. .2401 

- .2605, .2701, .2801. 

- .3105, .3201 - .3204 
.3501 - .3506, .3701 

- .3956; 39D .0101 - 
10 NCAC 4 2D 
NCAC 3J .0101 



2404. .2501 - .2505. .2601 
.2901 - .2905, .3001. .3101 
.3301 - .3302, .3401 - .3426, 
.3736, .3801 - .3807. .3901 
0107; amend rules cited as 
1407; repeal tides cited as 10 
- .0106. .0201 - .0205. .0301 - 



.0308, .0401 - .0413. 

.0701 - .0708. .0801 - 
.1101 - .1105. 
.1419. .1501 ■ 
.1801 - .1802, 



- .1002. 
.1401 - 

- .1704, 



.2101 - .2102, .2201 - 



0501 - .0507, .0602 - .0609, 
.0807, .0901 - .0902, .1001 

.1201 - .1204, .1301 - .1307, 
.1507, .1601 - .1603, .1701 

.1901 - .1902,. 2001 - .2026, 

.2206. 



Th 



he proposed effective date of this action is June 
1. 1990. 



Th 



he public hearim; will be conducted at 10:00 
a.m. on .March 5, 1990 at Disability Determi- 
nation Building. 321 Chapanoke Dri\-e, Raleii;h. 
NC 27603. 



c 



■ ominent Procedures: Interested persons may 
present their views and comments in writing before 
or at the hearing, or orally at the hearing. Time 



NORTH CAROLINA REGISTER 



1029 



PROPOSED RULES 



limits may be imposed as deemed necessary by the 
Commission Chairman. A fiscal note has been 
prepared. Any person may request information, 
or copies of the proposed regulations by writing 
or calling Donna A. Creech. Special Assistant. 
Social Services, 325 N. Salisbury St., Raleigh, NC 
27611, 9191733-3055. 

CHAPTKR 3 - FACILITY SERVICES 

SLBCIIAI'IER 3.1 - IME OPERATION OF 
LOCAL CONFINEMENT FACILITIES 

SECTION .0100 - DEFINITIONS (REPEALED) 

.0101 COLNT^ JAIL 

.0102 MLNICIPAL.IAIL 

.0103 LOCAL LOCK-l P 

.0104 RK(;iONAL OR DIS IRICT .lAIL 

.0105 DEIENIION FOR CHILDREN 

(.ILXENII E DEIENTION HOMES) 

.0106 TERMINOLOGY 



Statutoty Authority G.S. J53A-220; 
153.4-221. 1. 



I53A-221; 



.0405 EN FRANCE lO INSPECTION 

CORRIDORS 
.0406 ENTRANCE TO SECURITY AREA 
.0407 INDIVIDUAL ROOM GRILL DOORS 
.0408 PIPE CHASE ACCESS DOORS OR 

PLATES 
.0409 OBSERVATION PORTS AND FOOD 

PASSES 
.0410 OPERATING HATCH 
.0411 0\ER-RIDE OPERATION 
.0412 DOOR-LOCKING MECHANISMS 
.0413 ELEVATOR DOORS 

Statutory Authority G.S. 14-261; / 53 A- 220; 
I53A-22I; I53A-228. 

SECTION .0500 - WINDOWS AND SECURITY 
SCREENING (REPEALED) 

.0501 CONFINEMENT AREA WINDOWS 

.0502 DE LENTION SASH 

.0503 INSPECTION CORRIDOR WINDOWS 

.0504 SCREENING 

.0505 GLAZING 

.0506 SKYLIGHTS 

.0507 BOOKING AREA WINDOWS 



SECTION .0200 - DESIGN DE\ EI.OPMENT 

AND APPRO\ AL FOR NEW .lAILS AND 

MA.IOR RENOVAIIONS (REPEALED) 



ARCHITECT OR ENGINEER 
CONSULT VnVE AND TECHNICAL 
SERVICES 
.0203 SI BMISSION OF WORKING PLANS 
AND SPECIFICATIONS 
APPROVAL 
COMPLIANCE WITH BUILDING CODE 



.0201 
.0202 



.0204 
.0205 



Statutory .Authority 
1 53 A- 22 1. 



G.S. lOS-SO; 1 53 A- 220; 



Statutory' Authority G.S. 153A-220; 153A-22I. 

SECTION .0600 - SINGLE ROOM 
REQUIREMENTS (REPEALED) 

.0601 PERCENTAGE OF TOTAL CAPACITY 

.0602 AREA 

.0603 PLUMBING 

.0604 ISOLVnON ROOMS 

.0605 SHOWER 

.0606 SHELF AND CLOTHES HOOK 

.0607 MIRROR 

.0608 BUNK 

.0609 NATURAL LIGHT 



SECTION .0300 - BUILDING MATERIALS AND 

CONSTRUCTION REQUIREMENTS 

(REPEALED) 

.0301 EXTERIOR 

.0302 IN lERIOR WALLS IN SECURITY 

.0303 IN lERIOR FLOORS 

.0304 IN IKRIOR CEILINGS 

.0305 IN lERlOR STEEL (;R VI INGS 

.0306 SAFEIV \ ESIIBL LES 

.0307 NON-COMBUSTIBLE MATERIALS 

.0308 FIRE-RESISnVE CONSTRUCTION 

Statuio}y .iuthority G.S. 153A-220: I53A-22I. 

SECTION .0400 - DOORS (REPEALED) 

.0401 BOOKING OR CONTROL AREA DOORS 
.0402 EXIT DOORS 
.0403 SALLY PORT DOOR 

.0404 SPEAKING PANEL AND OBSERY ATION 
PORT 



Statutory Authority G.S. 153A-220; I53A-22I. 

SECTION .0700 - Ml LHPLE ROOM 
REQUIREMENTS (REPEALED) 

.0701 CAPACITY 

.0702 SIZE 

.0703 PLUMBING 

.0704 SHOWER 

.0705 SHELF AND CLOTHES HOOK 

.0706 MIRROR 

.0707 BUNK 

.0708 NATURAL LIGHT 

Statutory Authority G.S. 153A-220: 153A-22I. 

SECT ION .0800 - DORMILORY AREA 
REQL IREMEN IS (REPEALED) 

.0801 CAPACITY 
.0802 AREA 
.0803 PLUMBING 



1030 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.0804 SHOWER 

.0805 MIRROR 

.0806 TABLE AND BENCH 

.0807 NATURAL LIGHT 

Statutory Authority G.S. J53A-220; I53A-22I. 

SECTION .0900 - AREAS FOR SEPARATION BY 
INMATE CATEGORY (REPEALED) 

.0901 FEMALES 
.0902 JLAENILES 

Statutory Authority G.S. 14-261; / 53 A- 220; 
I53A-22I; I53A-22I.I; I53A-228. 

SECTION .1000 JAIL BUNKS (REPEALED) 

.1001 STEEL BUNKS 
.1002 DOUBLE BUNKS 

Statutory Authority G.S. J53A-220; I53A-22I. 

SECTION .1 100 - DAY ROOM AND SAFETY 

\ ES IIBULE REQL IREMENTS: COUNTY JAIL 

(REPEALED) 

.1101 AREA 

.1102 PLUMBING 

.1103 BENCH AND TABLE 

.1104 DOUBLE DOOR 

.1105 CAPACIIY 

Statutory Authority G.S. 153A-220; 153A-221. 

SECTION .1200 - HOLDING AREAS 
(REPEALED) 

.1201 AREA REQUIRED 

.1202 OBSERVATION 

.1203 CONSTRUCTION 

.1204 FURNISHINGS 

Statutory Authority G.S. I53A-220; I53A-22I. 

SECTION .1300 - OTHER ARE.AS (REPEALED) 

.1301 SIORAGE 

.1302 MEDICAL EXAMINING ROOM 

.1303 CONFERENCE AREAS 

.1304 INMATE VISITATION 

.1305 LAUNDRY 

.1306 MOP CLEAN-UP STATIONS 

.1307 WAFER DRAINS 

Stalutoty Authority G.S. I53A-220; I53A-22I. 

SECTION .1400 - SAFETY AND SECURITY 
REQUIREMENIS (REPEALED) 

.1401 KEYS 

.1402 SLEEPING ROOM AND DAYROOM 
LIGHTING FIXTURES 



.1403 CORRIDOR UIGHTING 

.1404 NIGHT LIGHTING 

.1405 NON-DOMICILIARY LIGHTING 

.1406 SECURITY FIXTURES 

.1407 HEATING EQUIPMENT 

.1408 VENTILATION 

.1409 COOLING 

.1410 SALLY PORT CONTROL 

.1411 MIRRORS 

.1412 MATTRESSES 

.1413 FIRE EXTINGUISHERS 

.1414 TRAVEU DISTANCE 

.1415 TYPE OF EXTINGUISHER 

.1416 INSPECTION OF EXTINGUISFIERS 

.1417 MAINTENANCE OF EXTINGUISHERS 

.1418 FIRE ESCAPES 

.141* SMOKE DETECTORS 

Statutory Authority G.S. I53A-220; I53A-22I. 

SECTION .1500 - SUPERVISION (REPE.VLED) 

.1501 PERSONNEL 

.1502 POLICIES 

.1503 MATRON 

.1504 JUVENIUES 

.1505 SEPARATION OF SEXES 

.1506 FIRE PROGRAM 

.1507 DISEASE 

Statutory Authority G.S. /53A-220; I53A-22I; 
I53A-22I.I; I53A-224; I53A-22S. 

SEC! ION .1600 -SANITATION AND 
PERSONAL HYGIENE (REPEALED) 

.1601 BEDDING 
.1602 SHAVING 
.1603 TOWELS AND SOAP 

Statutory Authority G.S. I53A-220; 153A-22I; 
J 53 A- 226. 

SECTION .1700 - FOOD (REPEALED) 

.1701 NUMBER OF MEALS 

.1702 DIET 

.1703 FOOD RECORDS 

.1704 FOOD SANI LATION 

Statutory Authority G.S. I53A-22I. 

SECTION .1800 - MEDICAL CARE OF 
PRISONERS (REPEALED) 

.1801 MEDICAL PLAN 
.1802 REPORT OF DEA III 



Statuloty .iuthoritv G.S. 

153 A -225 (a) ; / 53 A- 225 (b ) . 



153A-221; 



SECTION .1900 - TRAINING OF PERSONNEL 
(REPEALED) 



NORTH CAROLINA REGISTER 



1031 



PROPOSED RULES 



.1901 KMIM.OVKK RKQL IRKMKNTS 
.1902 IN-SKRMCK TRAINING 

Statutory Authority G.S. I53A-220: I53A-227. 

SPXTION .2000 - SECl RITY EQUIPMENT 
(REF'EALED) 

.2001 PI KPOSE 

.2002 \V\I IS 

.200.^ SI IDINC; DOORS 

.2004 S\VINGIN(; DOORS 

.2005 AC CESS DOORS AND PANELS 

.2006 PRISON KK\-OPERATED LOCKS 

.2007 iiin(;es 

.2008 OUSERVAIION AND SPEAKING 

PANELS 
.2009 FOOD PASSES 
.2010 MIRRORS 

.2011 SHELF AND CLOIIIES HOOKS 
.2012 JAIL IJLNKS 

.2013 TAHI ES: BENCHES AND SEATS 
.2014 SHOWER S FALLS 
.2015 REMOIE CON LROL LOCKING 

MECHANISMS 
.2016 MAFERIAL lESTS 
.2017 PROFECTION EQl IPMENT FOR 

ELECIRIC LIGHTS 
.2018 DOOR PLI LS 
.2019 WIRE WINDOW Gl ARDS 
.2020 SF( LRIFN SCREENS 
.2021 INSECT SCREENS AND DOORS 
.2022 KEY CABINET 
.2023 PI.LMBING 
.2024 PLLMHINC. FIXILRES 
.2025 FLOOR DRAINS 
.2026 GENERAL PROMSIONS REGARDING 

EQUIPMENT INSPALLATION 

Statutoiy Authority G.S. I53A-220: I53A-22I. 
SECnON .2100 - REPORTS (REPEALED) 

.2101 MONTHL\ REPORI OF LOCAL 

CONFINEMENT FACILITIES 
.2102 Ml NICIPAL CONFINEMENT FACILITY 

MONIIIL^ REPORT 

Statutory Authority G.S. I53A-220; /53A-22J. 

SECTION .2200 - SPECIAL REQUIREMENTS 
FOR HOLDONER FACILITIES (REPEALED) 

.2201 HOLDOVER FACILITY 

.2202 PIA( EMENI OF .IU\ ENIIES 

.2203 SI PERMSION AND CON FACT 

.2204 DEIENIION AU IHORI/A I ION 

.2205 MAIERIAIS K) BE PROVIDED 

.2206 ( ONSIRLCnON 

StatutoiT Authority G.S. J53A-220; I53A-:2I: 
J.\\-l-2J/.I. 



SECTION .2300 - DEFINITIONS AND 
APPLICABILITY FOR JAILS 

.2301 DEFINITIONS 

The following definitions shall apply in 10 
NCAC 3J .2301 through .3500: 

(1) "Booking area" is a secure place where a 
person is admitted to a jail and procedures 
such as searching, fmgcrprinting, photo- 
graphing, health screening, and collecting 
personal history data occur. 

(2) "Branch" is the Jail and Detention Branch 
of the Di\ision of FacUity Services, L")epart- 
mcnt of Human Resiiurces. 

(3) "Cell" is any confinement unit except a 
dormitory. 

(4) "Ccllblock" is a separate and identifiable 
grouping of cells. 

(5) "Communicable disease or condition" is 
an illness or condition as defined in G.S. 
130A-133 which is hereby adopted by refer- 
ence pursuant to G.S. 150B- 14(c). 

(6) "Confmement unit" is a single segregation 
cell, a single cell, a multiple occupancy cell 
or a dormitop.'. 

(7) "Contraband" is any item that a person is 
not authori/ed to possess in the jail because 
it is a violation of law or a violation of rules. 

(8) "Dayroom" is an area accessible to a single 
cell or a multiple occupancy cell, with con- 
trolled access trom the cell and to which in- 
mates may be admitted for acti\ities such as 
dining, showers, physical exercise and recre- 
ation. 

(9) "Department", unless otherwise specified, 
is the North Carolina Department of Hu- 
man Resources. 

(10) "Division", unless otherwise specified, is 
the Division of 1-acility Services of the 
North Carolina Department of Human Re- 
sources. 

(11) "Donnitory" is an area designed to house 
up to 24 inmates and that combines 
dayroom space with sleeping space. 

(12) "Emergency medical problem" is a serious 
medical need, including sc\ere bleeding, un- 
consciousness, serious breathing difficulties, 
head injury, severe pain, suicidal behavior 
or severe bums, that requires immediate 
medical attention and that cannot be de- 
ferred until the next scheduled sick call or 
clinic. 

(13) "I'ootcandle" is the amount of light 
thrown on a surface one foot away horn the 
light source. It is a unit for measuring the 
intensit\ of illumination. 



in.u 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(14) "Cjoveming body" refers to the governing 
body of a county or the policy-making body 
for a district confinement facility. 

(15) "I lealth screening" is a procedure for each 
newly-admitted inmate that combines visual 
observation with an interview to obtain rel- 
evant information about the inmate's phys- 
ical and mental health. 

(16) "Holding area" is a place where inmates 
are temporarily held while awaiting process- 
ing, booking, court appearance, discharge, 
or transfer to a regular confinement unit. 

(17) "Holdover facility" is a facility as defined 
in G.S. 7A-5 17(16) which is hereby adopted 
by reference pursuant to G.S. I SOB- 14(c). 

(IS) "Inmate" is any person, whether pretrial, 
unsentenced, or sentenced, who is confined 
in a jail or a county satellite jail/work release 
unit. 

(19) "Inmate processing area" is a secure area 
through which inmates enter and exit, and 
it may be combined with the booking area. 

(20) "Institutional- Restrained" is a Building 
Code occupancy classification used for 
buildings in which persons are restrained 
under lock and key or other security m^eas- 
ures which render them incapable of self- 
preservation due to the security measures 
not being under their direct control. 

(21) "Jail" is a building or part of a building 
operated by a county or group of counties 
for the confinement of inmates, including 
county jails, district confinement facihties 
and jaiJ annexes. It shall not include a 
county satellite jail, work release unit gov- 
erned by Part 3 of Article 10 of Chapter 
1 53A of the Genera] Statutes. 

(22) "Jail annex" is a building or a designated 
portion of a building designed, staffed and 
used primarily to house inmates who do not 
present secunty risks. 

(23) "Medical record" is a record of medical 
problems, examinations, diagnoses and 
treatments. 

(24) "Multiple occupancy cell" is a cell de- 
signed to house up to four inmates. 

(25) "Officer" is a person, whether sworn or 
unsworn, who is involved in the supervision, 
control, or custody of inmates. 

(26) "Operations manual" is a set of written 
policies and procedures for the operation of 
a jail in compliance with state and federal 
law and the minimum standards for the op- 
eration of jaiJs. 

(27) "Qualified medical personnel" are persons 
who pro\ide medical services to inmates and 
who are licensed, certified, registered, or ap- 
proved, in accordance with state law. It in- 



cludes persons who provide limited medical 
services under supervision as permitted by 
law. 

(28) "Registered dietician" is a specialist in the 
field of nutrition, dietetics and food system 
management who maintains current regis- 
tration with the Commission on Dietetic 
Registration of the yVmerican Dietetic Asso- 
ciation. 

(29) "Residential" is a Building Code occu- 
pancy classification used for buildings which 
provide sleeping accommodations for the 
occupants and in which the egress doors are 
unlocked at aU times thereby providing free 
movement to the building exterior from oc- 
cupied areas. 

(30) "Sally port" is an enclosed entry and exit 
area used either for vehicular or pedestrian 
traffic with gates or doors at both ends, only 
one of which opens at a time. 

(31) "Satellite jaiJ/work release unit" is a unit 
as defined in G.S. 153A-230.1. 

(32) "Secretapt", unless otherwise specified, is 
the Secretary of the Department of Human 
Resources. 

(33) "Security perimeter" is the outer portion 
of a jail that provides for the secure con- 
finement of inmates and that prevents the 
entry of unauthorized persons or 
contraband. 

(34) "Security vestibule" is a defined space that 
provides security by using two or more 
doors, with each door able to operate inde- 
pendently, and that permits an officer to 
observe those who pass through the space. 

(35) "Single cell" is a cell designed to house one 
inmate. 

(36) "Single segregation cell" is a cell designed 
to house one inmate who has been removed 
from the general inmate population for ad- 
ministrative segregation, disciplinary segre- 
gation, or protective custody. 

(37) "Tamper resistant" means designed to 
prevent damage, destruction or interierence 
by inmates. 

(38) "Vieu' panel" is a transparent panel. 

(39) "Visitation area" is a designated area 
where inmates are permitted to receive visi- 
tors according to the policies and procedures 
that go\em visitation. 

(40j "Work release" refers to the release of a 
convicted imnatc for emplo\ment in the 
community, returning to custodv during 
nonworking hours. 

Slatutoiy Authority G.S. 153.4-22/. 
.2302 APPI irABllH"\ - OPrRATIONS AND 



NORTH CAROLINA REGLSTER 



lO.l^ 



PROPOSED RULES 



K.NKORCKMENT 

The operations and enforcement standards es- 
tablished in Section .2300 through .3300 and 
Section .3500 shall apply to all jails. 

Statutory Authority G.S. I53A-22I. 

.2303 AI'I'LICABII rrV - CONSIKLCTION 

(a) North Carolina State Building Code - Jails 
must meet the requirements of the North 
Carolina State Building Code in efiect at the time 
of construction, additions, alterations or repairs 
(as defmed by the Code). 

(b) New Jails - The construction standards es- 
tablished in Section .340(1 shall apply to aU jail 
construction for which the final working 
drawings are approved by the Branch after the 
effective date of this Rule. 

(c) E>cisting Jails - Existing jails for which final 
working drawings have been approved prior to 
the effective date of these rules shall continue to 
be go\'cmed by the existing construction stand- 
ards which are now in Section .3700 and the 
same standards shall apply to new jails which 
have had final working drawings approved by the 
Branch prior to the effective date of this Rule. 
Existing jails or new jails which ha\e had fuial 
working drawings approved by the Branch prior 
to the effective date of this Rule may use the 
standards found in Section .3400 in lieu of those 
in Section .3700 if they choose. 

(d) Additions - The construction standards es- 
tablished in Section .3400 shall apply to any 
construction that adds square footage to the 
building and for which the final working 
drawings are approved after the effective date of 
this Rule. 

(e) Alterations or Repairs - When alterations 
or repairs are made to an existing jail building 
which effect its structural strength, exits, fire 
hazards, electrical systems, mechanical systems, 
or sanitary conditions, such alterations or repairs 
shall comply with the standards for new con- 
struction established in Section .3400. I'naltered 
portions of the building shall only be required to 
comply with the new construction standards in- 
dicated in Section .3400 under the circumstances 
specified in Paragraphs (f)-(h) of this Rule. 

(f) Extensive Annual /Mterations or Repairs - 
if, within any 12 month period, alterations or 
repairs costing in excess of 50 percent of the then 
physical value of the building are made to an ex- 
isting jaU, such jail shall conform to the con- 
struction standards for new jails established in 
Section .3400. 

(g) Reconstruction /\fter Damage - If an exist- 
inu jail is damaized h\ fire or othcn\ise in excess 



of 50 percent of the then physical value of the 
building at the time of damage, the jail shall be 
reconstructed in conformance with the con- 
struction standards for new jails established in 
Section .3400. 

(h) Physical Value - Eor the purpose of this 
Rule, the physical value of the jail building shall 
be determined by the local buUding inspection 
department. 

Statutory Authority G.S. I53A-22I. 

SECTION .2400 - OPER.ATIONS MANLAL FOR 
JAILS 

.2401 REQl IREMENT l-OR OPERATIONS 
MANUAL 

Within 12 months after the effective date of this 
Rule, the sheriff or the administrator of a regional 
jail shall develop written pohcies and procedures 
that descnbe how the jail will be operated. 

Statutory Authority G.S. I53A-221. 

.2402 PURPOSE OF OPERATIONS MANLAL 

1 he purpose of the operations manual is to en- 
sure the smooth and efficient operation of the 
jail, and therefore it shaO he detailed enough to 
guide officers in completing their assigned duties. 
The operations manual shall be available to aU 
officers, and each officer shall be famihar with the 
manual. 

Statutory Authority G.S. 153.4-221. 

.2403 CONTENTS OF OPERATIONS MANLAL 

(a) The operations manual shall include written 
policies and procedures that address the following 
areas: 

(1) administration and management; 

(2) admissions, transportation and release; 

(3) classification; 

(4) security and supervision; 

(5) inmate rules and discipline; 

(6) management of special inmates; 

(7) legal rights of inmates; 

(8) health services; 

(9) food services; 

(10) program services; 

(11) work release; 

(12) opportunities for exercise; 

(13) access to legal assistance or leszal materi- 
als; 

(14) gric\ance procedures; 

(15) \isitation and mail policies; 

(16) religious acti\ities; 

(17) sanitation; 

(IS) emergencN' plans. 



ln^4 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(b) The most recent editions of the following 
references are available as guides for developing 
policies and procedures: 

(1) Appalachian State University, Model 
Policies and Procedures Manual for North 
Carolina Jails; 

(2) American Correctional Association, 
Standards for Adult Local Detention Fa- 
cilities; 

(3) American Correctional Association, 
Standards for Small Jails; 

(4) National Commission on Correctional 
Health Care, Standards for Health Ser- 
vices in Jails. 

These references shall be available for inspection 
or loan from the Branch. Consultation and 
technical assistance shall be a\ailabie from the 
Branch. The Branch can also provide informa- 
tion regarding outside agencies with additional 
resources for developiag policies and procedures. 

Statiitofj Auihorily G.S. I53A-22I. 

.2404 KKMEW OF \tANiJAL 

The operations manual shall be reviewed and 
updated at least once each year by the sheriff or 
the administrator of a regional jail. 

Slatutory Authority G.S. I53A-22I . 

SECTION .2500 - CLASSII ICATION AND 
IIOLSING 

.2501 CLASSIFICATION SYSTEM 

Each jail shall have a written classification pro- 
cedure for the placement and housing of inmates. 
Within the limitations imposed by the design and 
capacity of the jail, the procedure shall assign in- 
mates to confinement units that best meet their 
individual needs and that reasonably protect the 
inmate, other inmates, the jail staff, and the 
public. 

Statutory Authority G.S. I53A-22I. 

.2502 FEMALE INMATES 

Male and female inmates shall not be placed in 
the same coniincmcnt unit, and, in addition, fe- 
male inmates shall be housed out of sight of male 
inmates. 



Statutory Authority G.S. I53A-22I. 

.2504 CONFINEMENT OF JUVENILES UNDER 
AGE 16 

Any juvenile under age 16 who is transferred to 
superior court for trial as an adult and who is 
ordered held in the jail pursuant to G.S. 7A-611 
shall be confi^ned in a holdover facility where the 
juvenile cannot converse with, see, or be seen by 
the adult inmates. 

Statutory Authority G.S. I53A-221. 

.2505 DISCRIMINATION IN MOUSING 
ASSIGNMENTS 

Housing assigmnents shall not be made on the 
basis of race, color, creed, national origin, or 
political belief. 

Statutory Authority G.S. I53A-22I. 

SECTION .2600 - FIRE SAFETY 

.2601 EXITS 

Each jail shall have readily accessible emergency 
exits in compliance with the North Carolina 
State Building Code in order to permit the 
prompt evacuation of inmates and staff during 
an emergency. Egress doors in jails which are 
classified as "Residential Occupancy" by the 
North Carolina State Building Code shaU remain 
unlocked at aU times thereby permitting free 
movement to the building e.vterior from occupied 
areas. 

Statutory Authority G.S. I53A-22I. 

.2602 FIRE EQUIPMENT 

Each jail shall provide the following emergency 
fire equipment: 

(1) fire extinguishers that meet all of the re- 
quirements in National Fire Prevention As- 
sociation pamphlet number 10 which is 
hereby adopted bv reference pursuant to 
G.S. 1506- 14(c); and 

(2) smoke detection equipment that meets the 
requirements of the North Carolina State 
Building Code. 

Statutory Authority G.S. I53A-22I. 



Statutory Authority G.S. I53A-22I. 

.250.? CONFINEMENT OF MALES UNDER 18 
■^ EARS OF AGE 

Male inmates under 18 years of age shall be 
confined in separate sleeping quarters from adult 
inmates. 



.2603 FIRE PLAN 

(a) Each jail shall have a written plan for the 
evacuation and control of inmates in the event 
of a fire. The plan shall include at least quarterly 
fire drills, and records shall be made of the fire 
drills and retained. The actual movement of in- 
mates to other areas or outside the building is not 
required. 



NORTH CAROLINA REGISTER 



1035 



PROPOSED RULES 



(h) FA'acuation routes shall be posted or oth- 
erwise clearly marked throughout the jail. 

(c) The sheriff or the regional jail administrator 
shall request in wnting that the local fire depart- 
ment or fire marshall inspect the jail and review 
the fire plan at least once each year. 

Stalutory Authority C.S. /53A-22/. 

.2^.04 MAIIKKSSES 

Mattresses shall be of fire resisti\e and nontoxic 
construction. 

Stdtiitoty Authority C.S. I53A-22I. 

.2605 KK\S 

r.ach jail that is required to meet the "Institu- 
tional OccupancN' - Restrained" requirements of 
the North Carolina State Building Code shall 
ha\e a key control system that includes the fol- 
lowing elements; 

(1) a key control center that is secure and in- 
accessible to unauthon/ed persons at all 
times; 

(2) a set of duplicate ke_\s to be stored in a sate 
place that is inaccessible to unauthcinzed 
persons at all times; 

(3) an accoimting procedure for issuing and 
returning keys; and 

(4) a system of keys and matching locks that 
are color-coded and marked for identifica- 
tion by touch. 

Statutory Authority G.S. I53A-22I . 

SFCnON .2700 - SF( 1 KIT^ 

.2701 Gl NKK VI SKCl RII^ Ul Ol IKIMF.NTS 

F.ach jail shall meet the following securit\" re- 
quirements; 

(1) provide for the secure confinement of in- 
mates from the time of their passage through 
the secunty perimeter until release; 

(2) pro\'ide for the locked storage of weapons 
when persons enter the security perimeter; 

(3) pre\ent the passage of contraband; 

(4) present unauthorized contact between in- 
mates and persons from outside the jail; 

(5) provide a ground-lc\el perimeter extenor 
that is well liglitcd; and 

(6) pro\ide a communications link w ith outside 
agencies tor u>e in emergencies. 

Stdtiitoty Authority G.S. I5.\[-22I . 

SECTION .2800 - StlM RM.SION 

.2801 SI I'l KMSION 



(a) Officers shall make super\ision rounds and 
directly observe each inmate in person at least 
twice per hour on an irregular basis. The super- 
vision rounds shall be documented. If remote 
electronic monitoring is used to supplement 
supervision, it shaU not be substituted for super- 
vision rounds and direct visual observation. 

(b) Officers shall maintain voice or visual con- 
tact with all inmates at all times, and it shall be 
through either direct observation or by means of 
electronic surveillance. 

(c) There shall be more frequent observation 
of inmates who are assaulti\'e, suicidal, 
intoxicated, mentally ill or who ha\'e other spe- 
cial needs or problems. 

(d) Officers shall remain awake at all times. 

(e) Officers shall not be assigned other duties 
that w^ould interfere with the continuous super- 
\ision of inmates. 

(f) Female officers shall be on duty when fe- 
male inmates are confined. 

(g) The sheriff or the administrator of the re- 
gional jail shall de\elop a contingency plan for 
the supervision and control of inmates duruig an 
emergency, and that plan shall pro\ide for the 
addition of extra personnel. 

(h) Inmates shall not be allowed to supervise 
or assume any control o\er other inmates. 

Statutory- Authority G.S. I53A-22I. 

SKCTION .2900 -SAMIAHON AND 
I'KKSONAL II^(;iKNK 

.2901 SAMI.MION 

Each jail shall comply with the North Carolina 
Commission for Health Ser\iccs rules go\eming 
sanitation as codified in 10 NCAC lO.V Section 
.0100 and which are hereby adopted by reference 
pursuant to (}.S. 15()B- 14(c). 

Statutory Authority G.S.. I. S3. 1-221. 

.2902 MAriKKSSES AM) UKDDING 

Mattresses, sheets, and blankets that are clean 
and in good repair shall be supplied to all inmates 
except those not housed o\eniight. Clean sheets 
shall be issued at least once a week. Mattresses 
shall meet the following requirements; 

(1) Mattresses shall comply with Commission 
for Health Services rules on sanitation, 10 
NCAC IOC, Rules .0312 - .0326 and (i.S. 
Chapter 130A-273 which arc adopted by 
reference pursuant to G.S. 1 SOB- 14(c). 

(2) Mattresses shall not be less than four inches 
thick and shall be the same length and width 
as the jail bunks. 



10.^6 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) Mattresses shall not have any metal, plastic, 
or other rigid framing component. 

(4) Mattress ticking shall be durable and water 
repellent. 

Statutory Authority G.S. I53A-22I. 

.2903 SHAVING 

Each inmate shall be provided with indi\idual 
shaving supplies, and inmates shall not be al- 
lowed to share razors. 

Statutory Authority G.S. I53A-22I. 

.2904 SHOWKKS 

Inmates shall have access to showers a mini- 
mum of three times per week. Inmates on work 
release shall have daily access to showers. Bath 
towels and soap shall be provided. 

Statutory Authority G.S. /53A-22I. 

.2905 PKRSONAL IHGIKNE 11 F.MS 

Every inmate detained over 24 hours shall be 
issued the following items as appropriate: 

(1) Toothbrush; 

(2) Toothpaste or powder; 

(3) Comb; and 

(4) Feminine h\giene products. 

Statutory Authority G.S. I53A-22I. 

SECTION .3000 - COMMISSARY OR CANTEEN 
SERMCES 

.3001 AVAILAHILII Y OF SERMCES 

Each jail shall make commissary or canteen 
items, including snacks and personal hygiene 
products, available for purchase by inmates. The 
items shall be a\ailable either directly from offi- 
cers or through contract vending. The price of 
these items shall be no higher tlian local retail 
prices. 

Statutory Authority G.S. I53A-22I. 

SECTION .3100- FOOD 

.3101 FOOD SFRMCE 

(a) In jails that purchase meals from an outside 
provider, a written contract shall require the 
pro\ider to meet the applicable standards in this 
Section. 

(b) Inmates shall not be used as the sole source 
of personnel for the preparation or sen. ice of any 
meal. 

Statutory Authority G.S. I53A-22I. 



.3102 MEAL SERVICE 

(a) Each jaU shall provide at least three meals 
for inmates, two of which must be hot, at regular 
times during each 24-hour period. There shall 
be not more than 14 hours between the evening 
meal and breakfast. 

(b) Eood shaU be ser\'ed to inmates on indi- 
vidual serving trays. Eating utensils and condi- 
ments shall be provided. 

(c) While food is being transported, it shall be 
covered to prevent contamination and to main- 
tain appropriate sening temperatures. 

(d) Food shall never be used as a reward or 
punishment. 

(e) Each jail shall keep a daily record of the 
number of meals served. In addition, each jail 
shall record the number of modified diets served 
at each meal, along with the name of each inmate 
and the type of modified diet that he or she re- 
ceived. 

Statutory Authority G.S. 153A-22I. " 

.3103 FOOD AND Nl TRIENT REQl IREMENTS 

(a) The average nutrient content of weekly 
menus shall meet the Recommended Dietary 
Allowances of the National Academy of Sciences 
which are herebv adopted by reference pursuant 
to G.S. 15nB- 14(c). 

(b) Daily menus shall include the following: 

(1) Milk Group: Two servings; 

(2) Fruit Group: Two servings, one of which 
shall be citrus; 

(3) Vegetable Group; Three servings; 

(4) Meat or Protein Group: Two servings; 

(5) Cereal or Bread Group; Four servings of 
whole grain or enriched products; and 

(6) Calorie's; 2,100 - 2,500. 

(c) For all pregnant women, children and 
teenagers, increase the milk allowance to four 
cups per day. 

Statutory Authority G.S. I53A-22I . 

.3104 MENUS 

(a) .Menus shall be prepared in consultation 
with a registered dietician. 

(b) Menus shall be written and portion sizes 
shall be specified. 

(c) Menus shall be dated and posted one week 
in advance. 

(d) Menus shall be served as wnttcn to inmates 
in the jail. Any neccssars' substitutions shall be 
of comparable nutritional \alue, and a written 
record of substitutions shall be kept. 

(e) The same menu shall not be served at lunch 
and dinner on the same dav. 



NORTH CAROLINA REGISTER 



lO.U 



PROPOSED RULES 



(f) Dated menus and records of any substi- 
tutions shall be retained for three years. 

Statutory Authority G.S. I53A-221. 

.3105 MODintn DIETS 

(a) .Modified diets shall be provided if pre- 
scribed by appropriate medical or dental person- 
nel. 

(b) Modified diets shall be provided when rea- 
sonably possible to accommodate the sincerely 
held religious beliefs of an inmate. 

(c) Written menus for modified diets shaU be 
prepared in consultation with a registered 
dietician. 

(d) Modified diets shall be served as written. 
Any necessary^ substitutions shall be of compa- 
rable nutritional value, and a written record of 
substitutions shall be kept. Dated menus of 
modified diets and records of any substitutions 
sh;dl be retained for three years. 

(e) Each jail shall maintain a current list of in- 
mates requiring modified diets, and it shall be 
posted for use by staff. 



Qualified medical personnel shall be available to 
evaluate the medical needs of inmates. A written 
record shaU be maintained of the request for 
medical care and the action taken. 

(d) Inmates shall not perform any medical 
functions in the jail. 

(e) The medical plan shall be reviewed annu- 
aUy. 

Statutory Authority G.S. I53A-22I. 

..^202 HEALTH SCREENING FORM 

The health screening form completed upon ad- 
mission by an officer shall be available to jail of- 
ficers, and a cop\ of the form shall be kept in any 
medical file that is maintained for inmates. 

Statutory' Authority G.S. I53A-22I. 

.3203 MEDICAL ISOLATION 

Each jail shall separate inmates who require 
medical isolation from other inmates, either by 
housing them in a separate area of the jail or by 
transferrinsz them to another facilitv. 



Stdtutoty Authority G.S. I53A-22I. 

SECTION .3200 - MEDICAL CARE OF 
INMATES 

.3201 MEDICAL PLAN 

(a) .A written medical plan shall be developed 
in compliance with G.S. 153A-225 and it shall 
be available for ready reference by jail personnel. 
The medical plan shall include a description of 
the health services available to inmates. 

(b) The written plan shall include pohcies and 
procedures that address the following areas: 

(1) Health screening of inmates upon admis- 
sion: 

(2) Handling routine medical care; 

(3) The handling of mmatcs with chronic ill- 
nesses or known communicable diseases 
or conditions; 

(4) Administration, dispensing and control of 
prescription and non-prescription 
medications; 

(5) Handling emergency medical problems, 
including but not limited to emergencies 
involving dental care, chemical depend- 
ency, pregnancy and mental health; 

(6) Maintenance and confidentialit\' of med- 
ical records; and 

(7) Pri\'acy during medical examinations and 
conferences with qualified medical per- 
sonnel. 

(c) Inmate health complaints must be solicited 
daily by a health professioncd or by an officer. 



Statutory Authority G.S. I53A-22I. 

.3204 EXERCISE 

.After the fourteenth consecutive day of con- 
finement, each inmate shall be provided oppor- 
tunities for physical exercise at least three days 
weekly for a period of one hour. Physical exer- 
cise shall take place either in the confinement 
unit if it provides adequate space or in a separate 
area of the jail that provides adequate space. 

Statutory Authority G.S. 153A-22I . 

SECTION .3300 - REPORTS 

.3301 MONTHLY REPORT LOR JAILS 

rhe sheriff or the administrator of a regional jail 
shall complete a monthly report on I-orm 
DHR-JDS-1 and send it to the Branch no later 
than the tenth day of the following month. 

Statutory Authority G.S. IS3A-22I. 

.3302 REPORT OF DE.VTII 

The report of an inmate death recjuired by G.S. 
153A-225 shall be submitted to the Branch. 

Statutory Authority G.S. IS3A-22I. 

SECnON .3400 - S lANDARDS FOR NE^^ .lAII 
DESIGN AND CONS IRLCIION 

..UOl APPLICABILITY - CONSTRl CTION 



103S 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(a) North Carolina State Building Code - Jails 
must meet the requirements of the North 
Carolina State Building Code in effect at the time 
of construction, additions, alterations or repairs 
(as defined by the Code). 

(b) New Jails - The construction standards es- 
tablished in Section .3400 shall apply to all jail 
construction for which the final working 
drawings have been approved by the Branch after 
the effective date of this Rule. 

(c) Existing Jails - Existing jails for u hich final 
working drawings have been approved prior to 
the effective date of these rules shall continue to 
be governed by the existing construction stand- 
ards which are now in Section .3700 and the 
same standards shall apply to new jails which 
have had final working drawings appro\ed by the 
Branch prior to the effective date of this Rule. 
Existing jails or new jails which have had final 
working drawings approved by the Branch prior 
to the effective date of this Rule may use the 
standards found in Section .3400 in lieu of those 
in Section .3700 if they choose. 

(d) Additions - Ihe construction standards es- 
tablished in Section .3400 shall apply to any 
construction that adds square footage to the 
building and for which the final working 
drawings are appro\ed after the effective date of 
this Rule. 

(e) Alterations or Repairs - When alterations 
or repairs are made to an existing jail buUdmg 
which effect its structural strength, exits, fire 
hazards, electrical systems, mechanical systems, 
or sanitary conditions, such alterations or repairs 
shall comply with the standards for new con- 
struction established in Section .3400. L'naltered 
portions of the building shall only be required to 
comply with the new construction standards in- 
dicated in Section .3400 under the circumstances 
specified in [Paragraphs (f)-(h) of this Rule. 

(0 Extensive Annual Alterations or Repairs - 
If, within any 12 month period, alterations or 
repairs costing in excess of 50 percent of the then 
physical value of the building are made to an ex- 
isting jail, such jail shall conform to the con- 
struction standards for new jails established in 
Section .3400. 

(g) Reconstruction /Vfter Damage - If an exist- 
ing jail is damaged by fire or otherwise in excess 
of 50 percent of the then physical value of the 
building at the time of damage, the jail shall be 
reconstructed in conformance with the con- 
staiction standards for new jails established in 
Section .3400. 

(h) Physical Value - Eor the purpose of this 
Rule, the physical value of the jail building shaU 
be determined by the local building inspection 
department. 



Statutory Authority G.S. I53A-22I. 

.3402 CONSL'LTATION AND TECHNICAL 
ASSIST.\NCE 

Consultation and technical assistance in plan- 
ning a new jail shall be available through the 
Branch. 

Statutory Authority G.S. 153A-22I. 

..^403 COMPLIANCE REVIEW .AND APPROVAL 

(a) The governing body shaU submit copies of 
the foOowing to the Branch before it begins con- 
struction of a new jail and before it makes addi- 
tions or alterations to an existing jail as defmed 
by the North Carolina State Building Code; 

( 1) three sets of schematic drawings and out- 
line specifications; 

(2) three sets of preliminar\' working drawings 
or design development drawings and out- 
line specifications; 

(3) three sets of completed final working 
drawings and specifications. 

(b) Upon receipt of the drawings and specifi- 
cations at each stage, the Branch shall send one 
set each to the following for their review and ap- 
proval: the Department of Insurance to insure 
compliance with the North Carolina State 
Building Code, and the Division of Environ- 
mental Health in the Department of Environ- 
ment, Health, and Natural Resources to insure 
compliance with the rules governing sanitation 
as codified in 10 N.C.A.C. lOA, Se^ction .0100 
and which are hereby adopted by reference pur- 
suant to G.S. 150B- 14(c). The Branch shall keep 
one set for its own review and approval to insure 
compliance with the minimum standards for the 
operation and construction of jails as contained 
in this Subchapter. 

Stdtutoty Authority G.S. / 53 A -22/. 

.3404 SPECIFIC CONSTRUCTION 
KKQLIREMENTS 

(a) Jails that restrain inmates under lock and 
key within a building shall meet the requirements 
of the North Carolina State Building Code for 
"Institutional Occupancy - Restrained" and the 
additional security requirements imposed by 
Rule .3420. 

(b) Jails that do not restrain inmates within a 
building by lock and key shall meet the require- 
ments of the North Carolina State Building Code 
for "Residential Occupancy". 

(c) J he constaiction materials in all jails shall 
be sufficient to pro\ide the degree ot security re- 
quired for the area in which the\' arc used. 



i\'ORTH CAROLINA REGISTER 



l().i9 



PROPOSED RULES 



Statutory Authority G.S. I53A-22I. 

3405 CENTRAL CONTROL STATION 

In jails that have a central control station, the 
station shall: 

(1) be strategically located and equipped to 
regulate and monitor the mo\ement of in- 
mates and otTicers; 

(2) have a security vestibule at its entrance; 

(3) have direct two-way voice communication 
with all confmement units; 

(4) ha\'e direct two-way voice communication 
with all officers as needed to maintain safety 
and security; 

(5) be equipped with a release mechanism to 
open all confinement unit doors in an 
emergency; 

(6) ha\e a toilet and sink. 

Statutory Authority G.S. I53A-22I. 

.3406 KLFAATORS 

I'le\ators that open into the jail shall be secure 
and shall be under the control and observation 
of officers. 

Statutory Authority G.S. I53A-22I. 

3407 INMAIF. PROCESSING AREA 

Hach jail that performs a booking and release 
function shall have an inmate processing area 
that includes the following: 

(1) a separate inmate entrance; 

(2) a holding area with seating and access to a 
commode, lavator)', drinking fountain, and 
a shower; 

(3) a booking area that includes space for 
photographing and fingerprinting inmates 
and a telephone for makmg local and long- 
distance calls; and 

(4) a sobriety testing area. 

Statutory Authority G.S. IS3A-22I. 

.3408 MSITAIION AREAS 

(a) Each jail shall provide an area for visitation. 

(b) If provided, noncontact \isitation areas 
shall: 

( 1 ) provide seating for the inmate and visitors; 

(2) provide a \iew panel with minimum di- 
mensions of r X r between the inmate 
and visitors; 

(3) provide a telephone communication sys- 
tem or equivalent audio link between the 
inmate and visitors; 

(4) pemiit visual and audible observation by 
officers; and 



(5) prevent the passage of contraband, 
(t) If provided, contact visitation areas shall: 

(1) provide seating for the inmate and visitors; 
and 

(2) permit visual and audible observation by 
officers. 

(d) Confidential attorney visitation areas shall: 
pennit contact between the inmate and 
attorney; 

be separate and distinct from the general 
visitation area; 

provide seating and a writing table for the 
inmate and attorney; 

permit only \isual monitoring by the offi- 
cers; 

provide a way for the attorney to contact 
officers if needed; and 
provide a minimum of 30 footcandlcs of 
artificial huht. 



(1) 
(2) 
(3) 
(4) 
(5) 
(6) 



that 



Statutory Authority G.S. I53A-22I. 

.3409 MEDICAL AREA 

(a) I:ach jail shall have a medical ; 
provides the following: 

(1) a door that may be locked; 

(2) locked storage for equipment, supplies, 
medications and medical records; 

(3) ;m examination table and a handicapped- 
accessible sink, toilet and shower; 

(4) a work station for the doctor and nurse; 

(5) a telephone; and 

(6) direct voice contact with ofiicers. 

(b) If a county or a region has more than one 
jail, it shall be required to provide only one 
medical area if that area meets the medical needs 
of the inmates in all of the jails. 

Siatutoiy Authority G.S. I53A-22I. 

.3410 OTHER AREAS 

(a) Each jail that does not contract for meals 
shall have a kitchen. If a county or a regional jail 
has more than one jail, it shall be required to 
provide only one kitchen if it meets the needs of 
the inmates in all of the jails. 

(b) Each jail that does not contract for laundr\' 
services shall have a laundr>'. If a county or a 
regional jail has more than one jail, it shall be 
required to provide only one laundr\' if it meets 
the needs of the inmates in all of the jails. 

(c) Each jail shall have an area specifically 
designated for physical exercise. 

(d) Each jail shall provide areas with shelves 
that meet its storage needs. Each jail shall pro- 
vide a separate area for the secure storage of in- 
mate personal property. 



1040 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(e) Each jail shaU have a cleaning area that is 
equipped with a sink and that provides for the 
storage of cleaning supplies and equipment. 

(f) Each jail shall provide lockers for those in- 
mates who are placed on work release. 

Statutory Authority G.S. I53A-22I. 

.3411 AOMIMSTRATIVE FACILITIES 

Each jail shall provide space at some location 
for the following administrative activities: 

(1) Secretarial support; 

(2) Record storage; 

(3) Training materials and resources; 

(4) Mailboxes and buUetin boards for officers; 

(5) In-service training; 

(6) Office space for jaU supervisors. 

Statutory Authority G.S. 1 53 A- 22 1. 

.3412 FLOORS, CFILINGS, AND WALLS 

(a) All floors in confmemcnt units shall be 
sloped toward drains located outside of the ceU 
areas, and the drains shall be tamper-resistant if 
necessary for security. 

(b) All ceilings, walls, and floors in confme- 
mcnt units shall have a finished surface that is 
easily cleaned, nontoxic, and predominantly of 
light colors. 

Statutory Authority G.S. I53A-22I. 

.3413 SIIOWLRS AND IMXMBING FIXTLRES 

(a) Each jail shall provide at least one shower 
for every eight inmates. 

(b) Showers shall have drains that prevent wa- 
ter from draining outside the shower, and the 
shower fixtures and drains shall be tamper- 
resistant if necessary for security. 

(c) Plumbing fi.xtures shall be made of stainless 
steel or other materials as necessary for security. 

(d) Drinking fountains shall be equipped with 
mouth guards. 

(e) All privacy partitions in showers and 
bathrooms shall be higli enough to allow limited 
privacy for the inmates wliile still allowing ade- 
quate supervision by officers. 

Statutory Authority G.S. I53A-22I. 

.3414 WINDOWS AND GLAZING 

(a) Windows and window framing, including 
glazing, shall be made of materials necessary to 
provide the degree of security required for the 
area in which they are used. 

(b) Glazmg shall be diffused or obscured if it 
affords a view into confmemcnt units from out- 
side the jail. 



(c) View panels shaU be made of materials 
necessary to provide the degree of security re- 
quired for the area in which they are used, and 
those used for confmemcnt units shall have a 
minimum area of 180 square inches and permit 
observation of the entire unit. 

Statutory Authority G.S. 153A-22I. 

.3415 DOORS, BLNKS AND LOCKS 

(a) Doors, locks and detention hardware shall 
be made of materials necessary to provide the 
degree of security required for the area in which 
they are used. 

(b) Doors to all confmemcnt units shall have 
view panels. 

(c) Doors shall operate Independently of each 
other, and the cell doors In a cellblock shall be 
capable of simultaneous release during an emer- 
gency. 

(d) Doors and locks that are electronically 
controlled shall be equipped with manual over- 
ride. 

(e) Eood passes, if used, shall have large 
enough openings to permit the passage of a food 
tray. 

(0 Bunks shall have dimensions necessary to 
accommodate a standard detention mattress and 
they shall be securely anchored at least 15 Inches 
above the floor. When one bunk is placed above 
another, the lower bunk shall be approximately 
15 Inches and the upper bunk approximately 50 
Inches above the floor. 

(g) Doors, locks, detention hardware and 
bunks shall be designed to Inhibit their use for 
an attempted suicide. 

Statutory Authority G.S. I53A-22I . 

.3416 SAFETY EQLIPMENT 

In each jail the safety equipment, including in- 
tercoms, frre extinguishers, smoke detectors, and 
sprinkler heads, shall be tamper-resistant If nec- 
essary for security. 

Statutory Authority G.S. I53A-22I . 

.3417 MECHANICAL SYSTEMS 

(a) Each jail shall have heating, ventilation, and 
air conditioning systems that are capable of 
maintaining temperatures in confinement units 
at a minimum of 68 degrees Eahrcnheit during 
the heating season and a maximum ot 85 degrees 
Fahrenheit during the cooling season. 

(b) The master controls for the system shall be 
located outside the confinement units and shall 
be accessible to officers during an emergency. 



NORTH CAROLINA REGISTER 



1 04 1 



PROPOSED RULES 



(c) The ducts for the systems shall be designed 
to prevent the escape of inmates and the passage 
of contraband, and they shall be designed to in- 
hibit their use for attempted suicide. 

(d) The ventilation system shaU provide a 
minimum of ten cubic feet per minute of fresh 
or punfied air for each inmate. 

Stalutoiy Authority G.S. 1 53.4-22/. 

.3418 PI IMBING SVSTF.MS 

(a) Each jail shall ha\'e a plumbing system that 
complies with the Commission for Health Ser- 
vices Rule 10 N.C.A.C. lOA and the North 
Carolina State Plumbing Code, both of which 
are herebv adopted by reference pursuant to G.S. 
150B- 14(c). 

(b) Fach jail shall ha\e a hot water supply for 
lavatories and showers designed to meet the usual 
needs of the number of inmates confmed in the 
jail. 

(c) The master control valves for the plumbing 
system shall be located outside the continement 
units and shall be accessible to otTicers during an 
emergency. 

Statutory .-iuthurity G.S. 153.4-221 . 

.3419 KI.KCl RICAL SYSTEMS 

(a) Fach jail shall have an electrical system that 
presides artificial lighting in the confinement 
units of at least 30 footcandles and that can be 
reduced during sleeping hours. 

(b) Artificial lighting in the corridors shall be 
at least 20 footcandles. 

(c) Lighting fixtures shall be made of materials 
necessary to provide the degree of security re- 
quired for the area in which they are used. 

(d) Fach jail shall pro\ide electrical and an- 
tenna or cable connections for a television in its 
dayroom areas. 

(e) The master controls and circuit breakers 
shall be located outside the confinement units 
and shall be accessible to officers during an 
emergency. 

(f) Fach jail shall ha\e an au.xiliary emergency 
power supply for each electrical system. 

Statutory .4uthority G.S. 153.4-221. 

.3420 AI)[)HK)NAI. SF.{ I KH ^ RFQ/INST 
OCCl PANCV/RFSIKAINKO .lAILS 

Fach jail that is required to meet the "Institu- 
tional Occupancy - Restrained" requirements of 
the North Carolina State Building Code shall 
also meet the following security requirements: 

(1) Each jail shall ha\'e a separate entrance for 
inmates, and aU entrances to the jail shall 



be controlled and visually and audibly 
monitored. 

(2) Fach jail shall have security perimeter walls 
that are provided with a security \estibule, 
sally port, security window, security door, 
or other security device at each wall opening. 

(3) Clothing or towel hooks shall not be used. 

Statutory .4uthority G.S. I53A-22I. 

.3421 CONFINFMENT LMTS 

The governing body shall decide what confine- 
ment unit or combination of confinement units 
it will include in its jail: single segregation cells, 
single cells, multiple occupancy cells, or 
dormitories. 

Statutory Authority G.S. I53A-22!. 

.3422 STANDARDS FOR SINGLE 
SEGREGATION CELLS 

Each single ceU used for segregation shall have: 

(1) a shower or access to a shower; 

(2) a telephone jack or other telephone ar- 
rangement provided within the cell; 

(3) a food pass; 

(4) a minimum floor space of 70 square feet, a 
minimum floor dimension of 7 feet, a toilet, 
a sink, a drinking fountain and a security 
mirror. 

Statutory Authority G.S. I53A-22I. 

.3423 ST.VND.VRDS FOR SINGLE CELLS 

Each single ceO shall have: 

(1) a minimum floor space of 50 square feet; 

(2) a minimum floor dimension of 7 feet; 

(3) a toilet, a sink, a drinking fountain and a 
security mirror; and 

(4) access to a dayroom. 

Statutory Authority G.S. /53A-22/. 

.3424 STANDARDS FOR MLI.TIPLE 
OC( LPANCV CELLS 

Fach multiple occupancy ceO shall house no 
more than four inmates and shall have: 

(1) a minimum floor space of 50 square feet for 
the first inmate and 35 square feet of floor 
space for each additional mmate; 

(2) a minimum floor dimension of seven feet; 

(3) a toilet, a sink, a drinking fountain and a 
security mirror; and 

(4) access to a dayroom. 

Statutory Authority G.S. I53A-22I . 

.3425 STANDARDS FOR DA^ ROOMS 

Each davroom shall ha\e: 



1042 



XORTH CAROLIS'.A REGISTER 



PROPOSED RULES 



(1) a security vestibule at its entrance; 

(2) a minimum floor space of 105 square feel 
or 35 square feet per inmate, whichever is 
greater; 

(3) sufficient seating and tables for each inmate; 

(4) a telephone jack or other telephone ar- 
rangement provided within the dayroom; 
and 

(5) a way for officers to observe the entire area 
from the entrance. 

Statutory Authority G.S. I53A-22I. 

.3426 STANDARDS FOR DORMITORIES 

Each dormitory shall house no more than 40 
inmates and shall have: 

(1) a minimum floor space of 70 square feet 
per inmate including both the sleeping and 
dayroom area; 

(2) one shower per eight inmates, one toilet per 
six inmates, one sink per six inmates, one 
water fountain and a security mirror; 

(3) a telephone jack or other telephone ar- 
rangement provided within the dormitory; 

(4) space designed to allow a variety of activ- 
ities; 

(5) sufficient seating and tables for all inmates; 
and 

(6) a way for officers to observe the entire area 
from the entrance. 

Statutory Authority G.S. I53A-22I. 

SECTION .3500 - INSPECTION AND 
ENFORCEMENT OF MINIMUM STANDARDS 

.3501 INSPECTIONS 

AU jails shaU be visited and inspected at least 
twice each year, but a jail shall be inspected more 
frequently if the Department considers it neces- 
sary or if it is required by an agreement of cor- 
rection pursuant to 10 NCAC 3J .3504. 

Statutory Authority G.S. J53A-220: I53A-22I. 

.3502 REPOR I OF INSPECTION 

(a) I'he procedures contained in G.S. 153A-222 
shall govern all inspections except those that fmd 
noncompliance with one or more of the pro- 
visions listed in Paragraph (b) of tliis Rule. 

(b) The inspector shall forward a copy of the 
inspection report to the Secretary' within ten days 
after the inspection if there arc findings of non- 
comphance with any of the following standards 
contained in 10 NCAC i] or the following stat- 
utes: 

(1) Classification; Section .2500; 

(2) Fire Safety; Section .2600; 



(3) Supervision; Section .2800; 

(4) Sanitation and Personal Hygiene; Section 
.2900; 

(5) Food; Section .3100; 

(6) Medical Care of Inmates; Section .3200; 

(7) G.S. 153A-224, Supervision of Jails; or 

(8) G.S. 153A-226(b), Disapproval ^or PubUc 
Health Purposes. 

(c) The inspector at the same time shall submit 
to the Secretary a written description of the con- 
ditions that caused noncompliance and a prelim- 
inary determination of whether those conditions 
jeopardize the safe custody, safety, health or 
welfare of the inmates confined in the jail. 

(d) The inspection report shall be submitted to 
the local officials responsible for the jail within 
30 days after the inspection as required by G.S. 
153A-222, and it shall include a notice that the 
facility was not in compliance with one or more 
of the provisions listed in Paragraph (b) of this 
Rule. The notice shaU state that the report has 
been submitted to the Secretary on a designated 
date for a fmal determination of whether condi- 
tions at the jail jeopardize the safe custody, 
safety, health or welfare of its inmates. The no- 
tice shall state that local officials will be mailed a 
final determination within 30 days of the desig- 
nated date. 

Statutory Authority G.S. J53A-220; 153A-22I. 

.3503 DETERMINAIION THAT CONDITIONS 
•lEOPARDI/E INMATES 

(a) The Secretary shall determine whether 
conditions in the jail jeopardize the safe custody, 
safety, health or welfare of its inmates within 30 
days after receipt of the inspection report and the 
supporting materials. 

(b) The Secretary may determine that non- 
compliance with any of the provisions hsted in 
10 KCAC 3J .3502(b) jeopardizes the safe cus- 
tody, safety, health or welfare of inmates con- 
fined in the jail. 

(c) Although noncompliance with other spe- 
cific standards or statutes may be found to jeop- 
ardize inmate or staff safe custody, safety, health 
or welfare, the Secretary shall detcnnine that 
noncompliance with any of the following pro- 
visions contained in 10 NCAC 3J jeopardizes the 
safe custody, safety, health or welfare of inmates 
confmcd in the jail: 

(1) Mattress flame retardant requirements; 
■ Rule .2604; 

(2) Emergency exits; Rule .2601; 

(3) Fire plan; Rule .2603; 

(4) Fire equipment; Rule .2602; 

(5) Separation of male and female inmates; 
Rule .2502; 



NORTH CAROLINA REGISTER 



1043 



PROPOSED RULES 



(6) Separation of inmates under age 18; Rule 
.2503; 

(7) Medical plan; Rule .3201; 

(8) Disappro\al for public health purposes; 
G.S. 153A-226(b). 

(d) The Secretary' shall notify the local officials 
responsible for the jail within 15 days of his final 
determination if he concludes that the conditions 
in the jail jeopardize the safe custody, safety, 
health or welfare of the inmates. The Secretary 
shall order corrective action, order the jaU closed, 
or enter into an agreement of correction with lo- 
cal officials pursuant to 10 NCAC 3J .3504. 

(e) The Secretary shall notify the local officials 
responsible for the jail within 15 days of his fmal 
determination if he concludes that the conditions 
in the jail do not jeopardize the safe custody, 
safety, health or welfare of the inmates. The 
notice shall direct local otficials to consider the 
inspection report and initiate corrective action 
pursuant to the pro\isions of G.S. 153A-222. 

Statutoiy Authority G.S. I53A-220: I53A-22I. 

.3504 .\(;kkeme\t of correction 

(a) Before ordering corrective action or order- 
ing the jail closed, the Secretary may direct the 
governing body to enter into an agreement of 
correction. If the Secretary chooses this option, 
he shall require the governing body to enter into 
a written agreement within 30 days after it re- 
ceives notice that conditions in the jail jeopardize 
the safe custody, safety, health or welfare of the 
inmates. 

(b) The agreement of correction at a minimum 
shall indicate the specific areas of noncompliance 
with the standards or statutes, the governing 
body's intent to remedy noncompliance; a plan 
for rcmcd\ing the noncompliance, a definite and 
reasonable number of days within which the jail 
wiU be brought into compliance and a schedule 
of inspections to monitor compliance. 

(c) The agreement of correction may be ex- 
tended once for a period not to exceed 60 days if 
the time penod in the initial agreement expires 
before the jail is brought into compliance, but 
only if the governing body is making a good faith 
effort to achieve compliance. 

(d) If the jail is not brouglit into compliance 
within the time period required by Paragraph (c) 
of this Rule, the Secretary shall order corrective 
action or order the jail closed. 

Statutoty Authority G.S. I53A-220; 153A-221. 

..V^05 ORDER OF CORRECTIVE .\CTION OR 
ORDER OF CLOSIRE 



If the Secretary determines that an agreement 
of correction is not appropriate, or if he deter- 
mines that a jail is not brought into compliance 
within the time period required by an agreement 
of correction, the Secretary shall order corrective 
action or order the jail closed. Notice of the 
action taken shall be given to local officials re- 
sponsible for the jail as provided by G.S. 
I53A-223(1). 

Statutory Authority G.S. 153A-220; I53A-22I. 

.3506 DESIGN.ATION BY SECRETARY 

The Secretary' may designate a person to act for 
him with respect to matters covered by this Sec- 
tion. The designation shall be in writing and it 
shall be on file with the Branch. 

Statutoiy Authority G.S. I53A-220; I53A-22I. 

SECTION .3700 - CONS IRLCTION 
ST,\ND.\RnS FOR EXISTING FACILITIES 

.3701 DEFINITIONS 

The folio wine defmitions shall applv in 10 
NCAC 3J .3700: 

(1) "County jail" is a detention facility desig- 
nated for the confmement of persons con- 
fmed for varv'ing periods of time including 
persons awaiting adjudication and short- 
term sentences as well as persons sen.'ing 
sentences while on work release. The facil- 
ity is authorized, maintained and adminis- 
tered by officials at the county level. 

(2) "Municipal jail" is a facility designated for 
the confinement of persons for periods not 
to exceed 24 hours, pending release or 
transfer to county jail. The facility is au- 
thorized, maintained and administered by 
officials at the municipal level. 

(3) "Local lock-up" is a facility designated for 
the temporary confmement of persons not 
to exceed six hours pending either release or 
transfer to a county jaU. The facility is au- 
thorized, maintained and administered by 
officials at the municipal level. 

(4) "Regional or district jail" is a facility desig- 
nated for the identical purpose as a county 
jail except authorization, maintenance and 
administration is under the control of a joint 
go\'eming body comprised of authorized 
representati\'es for the participating counties. 

(5) Because of current changes from the tradi- 
tional in terminology associated with the 
confinement setting, the following compar- 
ison of a limited number of tenns is in- 
cluded: 



1044 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(a) "Terminology used in standards" is the 
same as "traditional or approximate syn- 
onym". 

(b) "Single sleeping room" is the same as 
"single cell". 

(c) "Multiple sleeping room" is the same as 
"multiple (four-man) ceU". 

(d) "Isolation room" is the same as "solitary 
cell". 

(e) "Dayroom" is the same as "cell run- 
around". 

(f) "Confmement unit" is the same as "cell- 
block". 

(g) "Molding area" is the same as "bull pen", 
(h) "Sally port" is the same as "yard gate" (for 

vehicles). 

Staluton' Authority G.S. /53A-220; I53A-22I. 

.3702 Bl ILDING MAIK RIALS AND 

CONSTRLCTION REQIIREMENTS 

(a) The walls and roof shall be made of: 

(1) reinforced concrete that complies with the 
North Carolina State Building Code, or 

(2) masonry that complies with approved 
plans and specifications, or 

(3) other materials that comply with the 
North Carolina State Building Code. 

(b) The interior walls in security areas shall be 
made of: 

(1) reinforced concrete that is at least four 
inches thick and finished smooth, or 

(2) cement masonn," (CML) and brick that is 
at least eight inches thick, or 

(3) approved steel as specified in Rule .3713 
of this Section. 

(c) Interior floors shall be made of concrete 
that is finished smooth, terrazzo, quarry tile, or 
other approved material. 

(d) Interior ceilings shall be made of: 

(1) reinforced concrete that is finished 
smooth, or 

(2) approved steel as specified in Rule .3713 
of this Section, or 

(3) other approved material. 

(c) Grating fronts and grating doors for single 
and multiple rooms shall be made of tool- 
resisting steel, as specified in Rule .3713(l)(a) of 
this Section, unless enclosed in a tool resisting 
perimeter. 

(f) Safety vestibule grating and interior grating 
doors shaU be made of tool-resisting steel, as 
specified in Rule .3713(r)(a) of this Section. 

(g) Materials shall be non-combustible and 
shall ha\e fire-resistive ratings if required by the 
North Carolina State Building Code. 

(h) A local confinement facility shall not be 
located in or attached to buildinss with less than 



fire-resistive construction, unless the confinement 
area is separated by an approved masonry 
firewall. 

Statutory Authority G.S. I53A-220; I53A-22I. 

.3703 DOORS 

(a) AU doors that open into booking or control 
areas of jails shall be security doors as specified 
in Rules .3714 and .3715 of this Section, unless 
other exterior security is provided, including ei- 
ther a sally port, a controlled gate, or fencing. 

(b) Exit doors shall be security type doors and 
they shall be keyed to both sides. 

(c) The number of exits, the width and location 
of exit doors, and the swing of exit doors shall 
comply with North Carolina State Building 
Code. 

(d) SaUy port doors shall be of the security type 
and shaU be installed in accordance with ap- 
proved plans and specifications. 

(e) Swinging plate doors of approved type as 
specified in Rule .3715(a) to (c) of this Section 
shall be provided with a speaking panel and an 
observation port when employed on safety 
vestibules and in other locations as may be ap- 
proved in plans and specifications. 

(f) Swinging plate doors with a prison type lock 
or hollow metal doors of approved types with an 
obser\'ation port shall be used at entrances to 
inspection corridors. IIoUow metal doors shall 
have heavy-duty lock with multiple tumblers. 

(g) An approved grill, a hollow metal security 
door, or a plate security door shall be used at all 
entrances to security areas (see Rule .3715 of this 
Section). 

(h) GriE doors to individual rooms shall be 
made of open hearth steel only if it is enclosed in 
a tool-resisting perimeter. 

(i) Pipe chase access doors or plates shall be 
made of approved security-type plate or hollow 
metal (Rule .3716 of this Section) according to 
approved plans and specifications. 

(j) Access doors in all inmate occupied areas 
shall be equipped with obscr\'ation ports and 
food passes according to approved plans and 
specifications. 

(k) In all areas occupied by female inmates, 
obser\'ation ports shaU be equipped with an op- 
erating hatch that may be closed from the outside 
and secured to provide privacy. 

(1) If electro-mechanical capability is used in a 
security door installation within the confmement 
area, the control box shall pro\ide a mechanical 
over-ride in the event of power failure. 

(m) /Ml door-locking mechanisms shall be of 
the approved t\pe (see Rule .3717 of this Sec- 



NORTH CAROLINA REGISTER 



104.^ 



PROPOSED RULES 



tion) and installed according to approved plans 
and specifications. 

(n) I 'levator doors opening into jail areas shaU 
be secure and located so as to be under observa- 
tion and control of officers. 

(o) The controls for saUy port doors shall be 
located within the booking control area to pro- 
vide constant sur\'eillance by super\'isor>' per- 
sonnel. 

Statutoiy Auihoriiy G.S. 153A-220: I53A-22I. 

.3704 WINDOWS AMJ SECLRITY 
SCKKKMNG 

(a) All windows shall open and close to provide 
ventilation unless mechanical cooling or forced 
air circulation is pro\idcd. 

(b) Windows shall be constructed of such ma- 
terial to contain persons within the enclosed area 
and to provide security from without. 

(c) Windows in inspection corridors shaU be 
designed to ma,\imum security specifications us- 
ing tool-resistant steel bars or members (equiv- 
alent to Bayley AN-1, SG-1, or SN-1, or 
Southern Steel Co. Type .AST or SST) unless the 
confinement unit has a tool-resisting steel grating 
enclosure. 

(d) Windows in the inspection corridor shall 
be designed to moderate security detention using 
mild steel bars and members (equi\alent to 
Bayley SG-1, AN-2 or SN-2) if the confinement 
unit has a tool-resisting grating enclosure. 

(e) Municipal lockups are the only exception 
to (c) and (d) if the windows are fixed, inaccessi- 
ble, or they otherwise present no threat to safety 
or security. 

(f) Windows shall have protective or security 
screening to prevent the passing of contraband 
except where approved exterior fencing is pro- 
\idcd. 

(g) Security screening shall be of a type to 
protect glass from damage and prevent the pas- 
sage of contraband if inmates have access to 
windows (see Rule .3729 and .3730 of this Sec- 
tion). 

(h) Windows shall be glazed with dilfuscd or 
obscured glass or an approved synthetic material 
which admits light to all confinement areas if 
they afford a view into the confinement area from 
outside. 

(i) Sk>liglits shall meet the same requirements 
for light transmission and security windows, ex- 
cept that skylights need not be \cntilating units. 

(j) Windows in the booking area shall be of an 
approved type and constixiction to pro\ide secu- 
rit) and protection for the area. 



Statutory Authority G.S. I53A-220; I53A-22I. 

.3705 SINGLE ROOM REQUIREMENTS 

'(a) Single room areas shall be a minimum of 
five feet by seven feet by eight feet. 

(b) The room shall have a combination 
lavatory, commode and drinking fountain (see 
Rule .3734 of this Section). 

(c) Isolation rooms shall have hot and cold 
water. 

(d) Except for municipal lockups, a shower 
with hot water shall be provided for each area of 
isolation rooms. 

(e) /Vn approved mirror shall be installed (see 
Rule .3721 of this Section). 

(f) No more than one approved stationary steel 
bunk shall be installed in the room (see Rule 
.3722 of this Section). 

(g) Natural light shall be admitted to the room 
in compliance with the North Carolina State 
Building Code. 

Statutory Authority G.S. /53A-220; I53A-22I. 

.3706 MLLTIPI E ROOM REQUIREMENTS 

(a) The capacity of multi-room units shall not 
exceed four inmates. 

(b) The minimum room area shall be nine feet 
by seven feet by eight feet. 

(c) The room shall ha\e a combination 
lavatory, commode and drinking fountain (see 
Rule .3734 of this Section). 

(d) The room shall have hot and cold water 
unless it is contained in a confmement unit with 
a dayroom that has hot and cold water. 

(e) Except for municipal lockups, each room 
shall have a shower with hot and cold water. 

(f) An approved mirror shall be installed (see 
Rule .3721 of this Section). 

(g) No more than four approved stationary 
steel bunks shall be installed within each room. 

(h) Natural light shall be admitted to the room 
in compliance with the North Carolina State 
liuilding Code. 

Statutory Authority G.S. I53A-220: I53A-22I. 

.3707 nORMI rOR\ AREA REQUIREMENTS 
IN .lAIES 

(a) The capacity of dormitories shall not exceed 
16. 

(b) The minimum room area for each inmate 
shall be 50 square feet and 400 cubic feet per in- 
mate. 

(c) Each domiitor) shall ha\e one combination 
commode, dnnking fountain, and lavatory uith 
hot and cold water for every eight iiTmates. 

(d) Each domiitor\- shall have one shower. 



1046 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(e) Each dormitory shall have an approved 
mirror for ever>' eight inmates (see Rule .3721 of 
this Section). 

(f) Each dormitor>- shall have a table and bench 
(see Rule .3723 of this Section). 

(g) Natural light shall be admitted to the 
dormitory in compliance with North Carolina 
State Building Code. 

Stamtoty Aulhority G.S. I53A-220; I53A-22I. 

.3708 DORMITORY AREA REQLIREMENTS 
IN COLNTY .lAlE ANNEXES 

Dormitory' areas in county jail annexes must 
not exceed the rated capacity as approved by the 
Branch. 



Statutory Authority G.S. I53A-220; I53A-22I. 

.3711 OTHER AREAS 

(a) Each facility shall have sufficient storage 
space. 

(b) Each county jail shall have a medical ex- 
amining room that at least is equipped with an 
examining table and a lavator>'. 

(c) Each jail with a capacity of more than 20 
inmates shaU have secure conference areas, and 
the areas shall not have recording or listening 
devices. 

(d) All confmement areas shall have adequate 
floor drains in accordance with approved plans 
and specifications (see Rule .3735 of this Sec- 
tion). 



Statutory .Authority G.S. /53A-220; I53A-221. Statutory Authority G.S. I53A-220: 153A-22I. 



.3709 ^A^KOOM AND SAFETY N'ESriHLLE 
REQLIREMENTS: COLN IV JAIL 

(a) Confinement units with a capacity of over 
four persons, except for dormitories, shall pro- 
vide a dayroom of equal area to the sleeping 
areas. 

(b) The dayroom area shall have an approved 
shower with hot and cold water for every 16 in- 
mates (see Rule .3724 of this Section), and it 
shaU have a commode, drinking fountain, and 
lavatoPt' with hot and cold water. 

(c) E,ach dayroom shaU have an approved steel 
bench and table (sec Rule .3723 of this Section) 
that will accommodate all of the inmates in the 
confinement unit. 

(d) Confinement units with a capacity of over 
four persons, except for dormitories, shall have a 
safety vestibule that permits one door to be 
locked before the other is opened. 

(e) A combination of single rooms and four- 
man rooms may share a common dayroom, but 
the capacity of a dayroom shall not exceed 24 
inmates. 

Staiutor)' Authority G.S. I53A-220: 153A-22I. 

.3710 IIOI DING ARE.\S 

(a) I'ach facility with a capacity of 30 or more 
inmates shall have a secure holding area adjacent 
to the booking area where inmates can be held 
pending their commitment. 

(b) The holding area shall be under observation 
by administrati\'c jail personnel. 

(c) I'he holding area shall be constructed of 
approved grill steel. 

(d) The holding area shall have an appro\'ed 
bench and combination la\'atoiy, commode, and 
drinking fountain. 



.3712 LIGHTING AND \ EN IIL.VIION 

(a) Lighting fixtures in sleeping rooms and 
dayrooms shall pro% ide at least 30 footcandles of 
artificial light, and they shall have diffusers de- 
signed to illuminate a horizontal area from a 
ceiling or wall position. 

(b) Artificial lighting in the inspection and 
control corridors shall be at least 20 footcandles. 

(c) The artificial lighting at night in the sleeping 
rooms shall not exceed two footcandles. 

(d) The lighting le\els in the non-domiciliary 
portions of the jail shall be within ranges recom- 
mended by the I.I:.S. (Illumination Engineering 
Society) for the particular activity. 

(e) Lighting fixtures in the inmate-occupied 
areas shall be of the security type, and the wiring 
controls and fixtures shall be inaccessible to in- 
mates (see Rule .3727 of this Section). 

(f) Confinement areas shall be heated within a 
range of not less than 70 degrees nor more than 
75 degrees. I leat shall not be supplied by a 
heater or furnace that bums liquid or solid fuel. 

(g) Wiring, temperature controls, and heat dis- 
tribution equipment shall be inaccessible to in- 
mates. 

(h) Each facility shall provide adequate air cir- 
culation and \entilation of confinement areas in 
compliance with the North Carolina State 
Building Code. 

(i) Confinement areas shaU be cooled within a 
range of not less than 75 degrees nor more than 
85 degrees. 

Statutory Authority G.S. I53A-220: I53A-22I. 

.37 L^ WALLS 

Walls and partitions shall be made of either re- 
inforced concrete or masonr)' or the following 
materials: 



NORTH CAROLINA REGISTER 



1047 



PROPOSED RULES 



(1) Steel grating of either tool-resisting steel or 
open hearth steel as specified in the plans: 

(a) Tool-resisting steel grating shall meet the 
following construction requirements: 

(i) Seven-eighths of an inch or one iiich di- 
ameter vertical double-ribbed round bars 
spaced not o\er four inches on center, 
passing through and interlocking at each 
intersection with 3 8 inch x 2-1/4 inches 
or 3/8 inch x 2-1 2 inches tool-resisting 
tlat bars spaced on 12 inch centers for 7/8 
inch bars and on 18 inch centers for one 
inch bars; 

(ii) Vertical framing bars shall be 3,8 inch 
X 2-14 inches or 3/8 inch x 2-1/2 inches 
tool-resisting flat bars. 

(b) Open hearth steel grating shall meet the 
following construction requirements: 

(i) Se\en-eighths of an inch or one inch di- 
ameter vertical double-ribbed round bars 
spaced not over four inches on center, 
passing through and interlocking at each 
intersection with 3 8 inch x 2-1 4 inches 
or 3/8 inch x 2-1 2 inches horizontal tlat 
bars spaced on 12 inch centers for 7, 8 inch 
bars and on IS inch centers for one inch 
bars; 

(ii) Vertical framing bars shall be 3 8 inch 
X 2-1,4 inches or 3 8 inch x 2-1/2 inches 
open hearth flat bars. 

(2) Steel plate used in a wall or ceiling shall 
meet the following construction require- 
ments: 

(a) not less than 3 16 inch open hearth steel, 
or 

(b) not less than I 4 inch tool-resisting steel. 

Staiiuoij Authority G.S. J53A-220; J53A-22J. 

..ni4 SLII)I\(; DOORS 

(a) Slidmg doors shall be made of the same 
weight and quality of grating or plate as the 
confmcmcnt area fronts or waU in which they are 
installed. 

(b) Sliding doc^rs shall be approximately two 
feet X six feet, three inches, and shall be hung 
from the top by a plate door carriage. 

(c) The door carriage shall ha\-e two hardened 
steel spindles on which will be mounted two 
needle-bearing or two S.K.F-. or approved equal 
ball-bearing solid steel machined uheels. 

(d) The door carnage shall be enclosed in a 
covered box of the prescribed type. 

Statiitoiy Authohtv G.S. J53A-220; I53A-22I. 



(a) Plate doors installed in plate walls shall be 
made of steel that is at least the same quality and 
thickness as specified for the wall in which the 
door opening is installed. 

(b) Plate doors installed in concrete or masonr)' 
walls shall be made of material not lighter than 
3 16 inch thick open hearth steel plate framed 
and stiffened with angles, bars, or other shapes 
and securely hung to door frames made of struc- 
tural or bent plate channel at least 3 16 inch 
thick. 

(c) The depth of plate door frame shall equal 
the thickness of the wall. 

(d) Grating doors installed either in grating, 
plate walls, or concrete or masonr> walls shaU 
be constructed of tool-resisting steel or open- 
hearth steel as specified b\' the plans. 

Staluioiy Authority G.S. 153A-220; I53A-22I. 

..^716 ACCFSS DOORS AND PAN F.I S 

(a) Swinging access doors to pipe and utility 
spaces shall be at least one foot, eight inches x 
four feet in size and made of 3 16 inch steel plate. 

(b) Removable access panels shall be made of 
3 16 mch open-hearth steel plate and shall be 
large enough to permit entrance. 

(c) Access panels shall be secured to the wall 
either by 3/8 inch hex-head screws tapped into 
the panel opening frame and spaced not more 
than eight inches on center, or they shall be se- 
cured by metal lugs at the bottom of the panel 
and a deadlock at the top, both of which shall 
be mounted at the back side of the panel to pro- 
\"ide further security. 

Statutory Authority G.S. I53A-220; I53A-221. 

.MM PRISON KEY-OPERATKD LOCKS 

(a) Locking swinging doors shall use prison 
deadlocks with heaNy multiple tumblers. The 
lock mechanism shall be housed in a lock case 
made of forged steel not less than 5-1/2 inches x 
1-3 8 inches in size. 

(b) .Manually-operated sliding doors shall be 
locked by a heavy multiple tumbler that uses a 
snap and automatic deadlock. The lock mech- 
anism shall be housed in a lock case made either 
of strong steel or malleable iron or steel not less 
than 10 inches x 3-12 inches x 1-3 8 inches in 
size. 

(c) I'ood passes and shutters, where specified, 
shall be locked by a heavy multiple tumbler that 
uses a prison type snap or spring. The food pass 
lock shall be mounted to prevent food or other 
matter from coming in contact with the lock. 



..^715 SWINGING DOORS 



SiatuioiT Authority G.S. /53A-220: I33A-22/. 



104S 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.3718 IIINGKS 

Swinging doors shall be hung on hinges de- 
signed for jail use. 

Slatutoiy Authority G.S. I53A-220: I53A-22I. 

.3719 OBSF.RV.UION .AND SrKAKING 
I'ANKLS 

(a) Observation and speaking panels shall be 
mounted in plate or masoniy walls where shown 
on plans, and they shall be designed to prevent 
the passage of contraband. 

(b) Observation and speaking panels shall be 
made either of polished stainless steel, cliromium 
plated steel, brass, or aluminum. 

(c) Glass in observation panels shall be bullet- 
proof and at least 7/8 inch thick. 

Stalutoiy Authority G.S. J53A-220; I53A-22I. 

.3720 [GOD PASSKS 

(a) The food pass in plate walls shall be ap- 
proximately 12 inches wide x 4-12 inches high. 
Mingcd food pass shutters shall be about 13 
inches wide and six inches high and they shall be 
made of 3/16 inch open-hearth steel plate. The 
shutter shall fonn a shelf when in open position 
and it shall overlap the opening around the edges. 

(b) 1 he food pass in grating walls shall be ap- 
proximately 12 inches wide x 4-12 inches high, 
and a shelf 5 mches x 12 inches shall be riveted 
or welded to the bottom of the opening to facili- 
tate the passage of food. 

Statutoiy Authority G.S. I53A-220; I53A-22I. 

.3721 MIUKOKS 

(a) Mirrors shall be approximately 8 inches x 
9-1/2 inches in size when provided. 

(b) .Mirrors shall be highly polished stainless 
steel or chrome plated steel, and they shall be 
attached securely to the wall. 

Statutory Authority G.S. I53A-220; J 53 A- 22/. 

.3722 ULNKS 

(a) Bunks shall be six feet, three inches long 
and not less than two feet, one inch nor more 
than two feet, three inches wide. 

(b) The bottoms of bunks shall be 16-gauge 
sheet steel perforated with one inch to two inch 
holes for ventilation. 

(c) Bunks shall be framed on the long side by 
angles not less than 1-1,2 inches \ 2 inches x 3/16 
inch in size and on the ends by 3/16 inch bent 
plate brackets. 



(d) The required parts shaD be welded together 
to form a one-piece bunk assembly with end 
brackets. 

(e) The bunk brackets shaU be securely fastened 
to cell walls. 

(f) When one bunk is placed above another, the 
lower bunk shall be approximately 15 inches and 
the upper bunk approximately 50 inches above 
the floor. 

(g) In dormitories, double bunks with ap- 
pro\ed bottoms and frames shall be securely at- 
tached either to the floor or the wall. 

Statuto/y Authority G.S. I53A-220; I53A-221. 

.3723 TABI.KS, BKNCIIKS AM) SK.VTS 

(a) One-piece bench ;md table units shaU be 
installed as shown on the plans, and they shall 
be welded securely to an adjacent steel wall and 
anchored securely to the floor. 

(b) The tops of tables and benches shall be 
made of at least 10-gauge sheet steel neatly 
flanged around the edges. 

(c) Table legs and other supports shall be made 
of properly designed and reinforced materials. 

Statutory Authority G.S. I53A-220; I53A-22I. 

.3724 snow KR STALLS 

(a) The dimensions of showers shall be at least 
30 inches x 30 inches x 7 feet. 

(b) Shower stalls shall be constructed of either 
concrete, masonry, at least 1/8 inch gahanized 
steel plate, heavy gauge aluminum plate, or heavy 
gauge stainless steel according to approved plans 
and specifications. 

(c) The shower stall shall be attached to the 
wall of the dayroom. 

(d) The tloor of the shower stall shall be ap- 
proximately eight inches above lloor level and it 
shall slope to the floor shower drain. 

(e) A curb that is approximately four inches 
above the shower floor shall extend across the 
front of the shower stall. The top of the curb 
shall have a smooth edge. 

(0 '{"he shower head and the push-button \al\e 
assembly shall be vandal proof, and the metering 
valve and temperature balance mechanism shall 
be concealed. 

Slatutoiy Authority G.S. I53A-220; I53A-22I. 

.3725 RKMOIK CONTROL LOCKING 
MECHANISMS 

(a) Remote control locking and operating 
mechanisms for fully selective sliding doors shall 
be electric, electrical-mechanical, mechanical, or 
gang locking. 



NORTH CAROLINA REGISTER 



1049 



PROPOSED RULES 



(b) Remote control locking mechanisms shall 
be designed and manufactured specifically for 
corrections use and shall be installed according 
to plans. 

Siatuton Authority G.S. J53A-220; 153A'221. 

.3726 MATERIAL TESTS 

(a) Tool-resisting materials that are included in 
jail equipment shall withstand the following tests: 

(1) A load test of not less than 6,000 lbs. ap- 
plied at the midpoint of heat-treated 7,8 
inch or one inch diameter double-ribbed 
round tool-resisting bar resting horizon- 
tally on two supports spaced 12 inches 
apart. The load shall be applied with a 
blunt-end rounded to a radius of approxi- 
mately 1 4 inch on the edge which is in 
contact w ith the tested bar. The bar shall 
not assume a permanent set in excess of 
1 4 inch and it shall not break under the 
load. 

(2) Tool-resisting 7 S inch or one inch steel 
bars shall not be severed within six hours 
by using six hacksaw blades, and it shall 
not be pierced by using six 1 S inch bits, 
used either in a hand-operated or motor- 
dri\en drill. The hacksaw blades and bits 
in this test shall be the standard type 
found in institutions. 

(b) Open-hearth steel shall be the t\pe 
produced for corrections use and it shall have a 
chemical composition that is within the limits 
adopted by the Association of .American Steel 
Manufacturers for open-hearth bars and shapes. 

Statutoiy Authority G.S. J53A-220: 153A-22I. 

.3727 PRO lECI ION EQUIPMENT E()K 
EEECI RICAL LIGEnS 

(a) Each facility shall adequateh- protect elec- 
tric hglits in cells from damage by inmates. 

(b) Fittings shall be either covered with 3 8 
inch tempered lenses for dUTusing hght or pro- 
tected with steel wire. 

(c) Steel plate brackets shall be pro\ided for 
mounting light receptacles. 

Statutoiy Authority G.S. 153A-220: I53A-22I. 

.3728 nOOK PIEI.S 

(a) Swinging plate security' doors shall ha\e at 
least six inch loop pulls of polished aluminum 
alloy, polished bronze or chrome plated bronze. 

(b) Door puUs shall be secured to doors by 
security-type patch head screws, spanner screws, 
or hcxaiion nuts. 



Statutory .Authority G.S. I53A-220; 153A-221. 

3129 WIRE WINDOW GUARDS 

(aj Wire window guards shall cover windows 
as called for in the plans. 

(b) Window guards shall be made of 1 1 -gauge 
steel mesh, woven three mesh to the inch, and 
they shall be framed with flat steel bars. 

(c) Hinges, padlocks, hasps, and staples shaU 
be furnished for window guards. 

Statuton- .Authority G.S. J53A-220: I53A-22!. 

.3730 SECLRITV SCREENS 

Security screens shall be installed as indicated 
on the construction plans, and they shall be made 
of steel, stainless steel, or extruded aluminum. 

Statimiy .Authority G.S. J53A-220: J53A-22/. 

.3731 INSECT SCREENS AND DOORS 

Insect screens and doors shall be provided as 
indicated on the plans, and they shall be made 
of extruded aluminum, stainless steel, bronze, or 
steel. 

Statutory Authority G.S. I53A-220: I53A-22/. 

.3732 KEY CABINET 

(a) .A secure key cabinet shall be pro\idcd as 
shown on the plans, and it shall be made of not 
less than 10-gauge open-hearth steel plate. 

(b) The door to the key cabinet shall be hung 
securely on two steel pin hinges and locked with 
a hea\y multiple tumbler security-type deadlock. 

(c) The key cabinet shall have shelves, gun 
racks, and key hooks as required. 

Statutory .Authority G.S. /53A-220; 153.A-221. 

.3733 PLUMBING 

.AH plumbing shall be in accordance with the 
North Carohna State Plumbing Code and the 
appro\'ed plans in effect at time of construction. 

Statutoiy .Authority G.S. I53A-220; 153A-22I. 

.3734 PLU.MBING FIXTURES 

(a) Plumbing fi.\tures shall be furnished and 
installed as specified on the appro\ed plans. 

(b) The plumbing construction shall w ithstand 
damage attempted without tools, and the 
plumbing materials shall offer maximum resist- 
ance to wear while pro\iding sanitation in the 
area used. 

(c) Mtreous chma la\atories shall have an in- 
tegral spout and drinking nozzle with a mouth 
siuard. 



1050 



SORTH CAROLIS.A REGISTER 



PROPOSED RULES 



(d) Lavatories shall have an integral soap dish 
and outlet. 

(e) Lavatories shall have self-closing operating 
buttons. 

(f) Vitreous china water closets shall be floor 
mounted and shall have an integral seat and base 
with a 1-1/2 inch back spud. 

(g) The flush valve shall be tamper proof and 
self-closing, and siphon jet action shall be used. 

(h) Commode, lavatory and drinking fountain 
combination units shall be made of welded 
stainless steel or cast aluminum except that 
galvanized steel shall be allowed for cabinet re- 
inforcement. 

(i) The fixture shall have tamper-proof, 
chrome-plated self-closing valves and a combi- 
nation filler, drinking bubbler with a mouth 
guard and vacuum flow control. 

(j) The water closet bowl shall have an integral 
seat and back outlet. 

(k) The lavatorv' top, bowl, and closet bowl in 
the stainless steel fi.xture shall be 16-gauge or 
heavier with an 1 1 -gauge or heavier liner. 

(1) Surfaces Ln the stainless steel unit shall be 
satin fmish, except the bowl shall have a high 
luster fmish. 

(m) The fixture shall be anchored through the 
wall with concealed bolts. 

(n) A vacuum breaker shall be incorporated 
and a water shutofi' shaU be installed outside the 
room or dayroom. 

(o) The fountain bubbler shall produce a water 
flow on a jet angle and the protector shall be 
above the water outlet to prevent the mouth 
from touching it. The protector shall be strong 
enough that the average person cannot change its 
configuration without tools. 

Statutoiy Authority G.S. I53A-220: 153A-22I. 

.3735 FLOOR DRAINS 

Floor drains that are accessible to inmates shall 
be fitted with tamper-resistant covers. 

Statutoty Authority G.S. /53A-220: I53.A-22I. 

.3736 GKNKRAL I'ROMSIONS RKGARDING 
EQUIPMENT INSTALL.VTION 

(a) All steel equipment, except tool-resisting 
bars embedded in concrete floors and other such 
parts that are enameled or plated, shall have a 
prime coat applied in the fabricating shop. 

(b) Paint shall be of good metallic grade. 

(c) All riveting and welding connected with the 
installation of security equipment shall meet 
specifications indicated b)' the architect. 



Statutory Authority G.S. I53A-220; I53A-22I. 

SECTION .3800 - CONSTRUCTION 

STANDARDS FOR EXISTING STATE-FUNDED 

SATELLITE JAIL/WORK RELEASE UNITS 

.3801 APPLICABILITY 

Existing state-funded sateUite jail/work release 
units for which fmal working drawings have been 
approved prior to the effective date of this rule 
shall continue to be governed by the existing 
construction standards which are now in this 
Section. These same standards shall apply to 
new jails which have had fmal working drawings 
approved by the Branch prior to the effective 
date of this Rule. Existing state-funded satellite 
jail/work release units or new state-funded satel- 
lite jail/work release units which have had fmal 
working drawings approved by the Branch prior 
to the effective date of this Rule may use the 
standards found in Section .3400 in lieu of those 
in Section .3800 if they choose. 

Statutory Authority G.S. I53A-220; I53A-22I. 

.3802 CONFINEMENT UNIT 

Each satellite jail/work release unit shall include: 

(1) No more than 24 inmates per sleeping area; 

(2) No less than 35 square feet per inmate de- 
voted to sleeping area only; 

(3) One shower per ten inmates, one water 
closet per six inmates, one sink per six in- 
mates and one water fountain per ten in- 
mates. Showers and toilet facilities shall be 
designed to provide maximum privacy (hne 
of sight) while not interfering with the capa- 
bility of the jaU staff to complete supervision 
rounds. 

(4) A telephone hookup or other arrangements 
provided within the area; 

(5) A dayroom activity room for each unit 
separated from the sleeping area and of a size 
to provide a minimum of 1 5 square feet per 
inmate; 

(6) A dayroom 'activity room designed to allow 
a variety of activities to take place and have: 

(a) sufl'icient seating and tables for each in- 
mate in each confinement unit; 

(b) natural light; 

(c) artificial hghting at 30 footcandles in read- 
ing areas which may be reduced during 
sleeping hours; 

(d) access to toilet, sink with hot and cold 
water, and driiiking fountain; 

(e) visual control by staff to observe entire 
area from point of entrance; 

(f) direct voice contact with continuously 
staffed post and/or central control center. 



NORTH CAROLINA REGISTER 



1051 



PROPOSED RULES 



(7j Single occupancy sleeping areas when called 
for in the design, liach single occupancy 
area shall have: 

(a) a minimum of 35 square feet of floor 
space; 

(b) a minimum floor dimension of seven feet; 

(c) a toilet, sink, and drinking fountain; 

(d) a bed frame; 

(e) artificial lighting of 30 footcandles which 
can be reduced during sleeping hours; 

(f) natural light provided by window with ex- 

terior exposure; 

(g) direct voice contact with staff post and or 
central control center. 

Smiuion' Authoriiy G.S. /53A-220; I53A-22I. 

380.^ PROCKAMMINC; AKF.\S 

Each satellite j;iil work release unit, when lo- 
cated in a separate ficility from a maximum 
confinement unit shall ha\e: 

(1) A general visitation area with: 

(a) a public entrance to the facility; 

(b) an entPv located to permit direct observa- 
tion and control by statY; 

(c) storage facilities for visitors' coats and 
packages; 

(d) a sufficient number of stations to accom- 
modate visitation needs; 

(e) seating for both inmates and visitors. 

(2) A confidential attorney visitation area that: 

(a) is separate and distinct from the general 
visitation area; 

(b) permits passage of papers and documents; 

(c) provides seating with table desk for writing 
for \isitors and inmates; 

(d) provides artificial lighting of 30 
footcandles; 

(e) pennits contact visiting; 

(f) pro\ides for visual monitoring, but not 
hearing by staff; 

(g) provides for visitors to contact staff if 
needed. 

(3) If the facilit>' is not a "work release" only 
facility, a medical area designed: 

(a) to prohibit access by unauthorized per- 
sonnel; 

(b) to ha\e locked storage for equipment, 
supplies, medications, and records; 

(c) for equipment approved by the jail ph\ si- 
cian including a sink, toilet, shower, ex- 
amining table, nurses and physicians work 
station(s), telephone, and direct contact 
with the central control area. 

(4) A food sen'ice that meets the sanitation re- 
quirements of the ("ommission for Health 
Ser\-iccs 10 NCAC lOA. Section .0100, with 
adequate storage and food preparation areas. 



(5) A laundry service (either contracted for or 
on premises). 

(6) In a facility which is not a "work release" 
only facility, recreational facilities with: 

(a) an area designed for vigorous physical ac- 
tivities, such as \olleyball, basketball, etc.; 

(b) equipment storage area; 

(c) staff observation post for all areas; 

(d) access to areas controlled by staff. 

(7) A commissary- through contract sen.'ices or 
built on premises. 

Staiutoiy Authoriiy G.S. /53A-220; I53A-22I. 

.3804 AnMIMSTR.VnON AREA 

I'ach satellite jail/work release unit shall have 
an administrative area which shall provide: 

(1) adequate space for administrative offices 
accessible to the public; 

(2) clerical support areas; 

(3) record storage areas; 

(4) space for information resources, report 
writing, and training materials; 

( 5 ) conference or training area; 

(6| space for unit administrator and support 
staff personnel. 

Statutoiy Authority G.S. /53A-220: I53A-22I. 

.3805 CONSIRl CTION MATERIALS FOR 
SAIEI 111 E JAM /W ORK RELEASE 
LMIS 

Iraditional building materials may be used 
where safety wiU not be jeopardized, taking into 
consideration the type and or level of security 
described in the operations program developed 
by the local authorities. 

Slatuloiy Authoriiy G.S. I53A-220: I53A-221. 

..^806 MECHANICAL S^SI EMS 

Mechanical s\stems shall: 

(1) Provide heating, ventilation, and air condi- 
tioning to meet the requirements of the N.C. 
Building Code; 

(2) IIa\e master controls for electrical, plumb- 
ing, heating, and air conditioning, w hich are 
inaccessible to inmates; 

(3) Have master cutoff controls for electrical 
and water supplies to each confinement area 
(either single cells or donnitory type areas); 

(4) Have capability of maintaining temper- 
atures in the confinement areas witliin 68 
degrees lahrenlieit minimum in the heating 
season and a maximum of 85 degrees 
Fahrenheit during the non-heating season. 

Statuion Authority G.S. 153A-220; I53A-22I. 



1052 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



3807 GKNKRAL RKQLIRFMFNTS 

In addition to the rules in this Section, the 
minimum secure unit shall be designed to: 

(1) allow access for emergency equipment (e.g., 
fire hoses, stretchers) provided at appropri- 
ate entrances; 

(2) have auxiliary power and emergency light- 
ing available; 

(3) have vehicle parking for both public and 
facility staff and be so designed to prevent 
unauthorized persons from entering the se- 
curity perimeter. 

Statutory Authority G.S. 153A-220: I53A-22I. 

SECTION .3900 - MUMCII'AI. I.OCKLI'S 

.3901 DKIIMIIONS 

The following dcfmitions shall apply in 10 
NCAC 3J .3900: 

(1) "Booking area" is a secure place where a 
person is admitted to a jail and procedures 
such as searching, fingerprinting, photo- 
graphing, health screening. ;u"id collecting 
personal histon,' data occur. 

(2) "Branch'' is the Jail and Detention Branch 
of the Division of [facility Services, Depart- 
ment of Human Resources. 

(3) "Cell" is any confinement unit. 

(4) "CeUblock" is a separate and identifiable 
grouping of cells. 

(5) "Communicable disease or condition" is 
an illness or condition as defined in G.S. 
130A-133 which is hereby adopted by refer- 
ence pursuant to G.S. 1 SOB- 14(c). 

(6) "Confinement unit" is a single segregation 
cell, a single cell, a multiple occupancy cell 
or a donnitory. 

(7) "Contraband" is any item that a person is 
not authori7xd to possess in the lockup be- 
cause it is a violation of law or a violation 
of rules. 

(8) "Department", unless otherwise specified, 
is the North Carolina Department of Hu- 
man Resources. 

(9) "Division", unless otherwise specified, is 
the Division of I'acility Services of the 
North Carolina Department of Human Re- 
sources. 

(10) "Emergency medical problem" is a serious 
medical need, including severe bleeding, un- 
consciousness, serious breathing difficulties, 
head injury, severe pain, suicidal behavior 
or severe bums, that requires immediate 
medical attention and that cannot be de- 
ferred until the next scheduled sick call or 
clinic. 



(11) "Footcandle" is the amount of light 
thrown on a surface one foot away from the 
light source. It is a unit for measuring the 
intensity of illumination. 

(12) "Governing body" refers to the governing 
body of a municipal government. 

(13) "Health screening" is a procedure for each 
newly-admitted inmate that combines visual 
observation with an interview to obtain rel- 
evant information about the inmate's phys- 
ical and mental health. 

(14) "Inmate" is any person, whether pretrial, 
unsentenced, or sentenced, who is confined 
in a lockup. 

(15) "Inmate processing area" is a secure area 
through which inmates enter and exit, and 
it may be combined with the booking area. 

(16) "Institutional-Restrained" is a Building 
Code occupancy classification used for 
buildings in which persons are restrained 
under lock and key or other security meas- 
ures which render them incapable of self- 
preser%'ation due to the securit) measures 
not being under their direct control. 

(17) "Medical record" is a record of medical 
problems, examinations, diagnoses and 
treatments. 

(18) "Multiple occupancy cell" is a cell de- 
signed to house up to four inmates. 

(19) "Municipal lockup" is a facility designated 
for the confinement of persons for periods 
not to exceed 24 hours, pending release or 
transfer to the county jail. The facility is 
authorized, maintained, and administered by 
municipal officials. 

(20) "Officer" is a person, whether sworn or 
unsworn, who is in\'olved in the super\ ision, 
control, or custody of inmates. 

(21) "Operations manual" is a set of written 
policies and procedures for the operation of 
a lockup in compliance with state and fed- 
eral law and the minimum standards for the 
operation of municipal lockups. 

(22) "Qualifed medical personnel" are persons 
who pro\ide medical ser\'ices to inmates and 
who are licensed, certified, registered, or ap- 
proved, in accordance with state law. It in- 
cludes persons who provide limited medical 
ser\'ices under supcr\'ision as permitted by 
law. 

(23) "Registered dietician" is a specialist in the 
field of nutrition, dietetics and food system 
management who maintains current regis- 
tration with the Commission on I^ietetic 
Registration of the American Dietetic Asso- 
ciation. 

(24) "Residential" i's a Building Code occu- 
pancy classification used for buildings which 



NORTH CAROLINA REGISTER 



1053 



PROPOSED RULES 



provide sleeping accommodations for the 
occupants and in which the egress doors are 
unlocked at all times thereby providing free 
movement to the building exterior from oc- 
cupied areas. 

(25) "Sally port" is an enclosed entry and exit 
area used either for vehicular or pedestrian 
traffic with gates or doors at both ends, only 
one of which opens at a time. 

(26) "Secretary", unless otherwise specified, is 
the Secretary of Department of Human Re- 
sources. 

(27) "Security perimeter" is the outer portion 
of a lockup that provides for the secure 
confinement of inmates and that prevents 
the entry of unauthorized persons or 
contraband. 

(28) "Security vestibule" is a defined space that 
provides security by using two or more 
doors, with each door able to operate inde- 
pendently, and that permits an officer to 
obser\e those who pass through the space. 

(29) "Single cell" is a ceU designed to house one 
inmate. 

(30) "Tamper resistant" means designed to 
prevent damage, destruction or interference 
by inmates. 

(31) "View panel" is a transparent panel. 

Statutory Authority (7.5. / 53.4-22/. 

.3902 .M'FM.IC AUII I TV - CONSIKLCTION 

(a) New Municipal Lockups - The con- 
struction standards established in this Section 
shall apply to all municipal lockup construction 
for which the final working drawings are ap- 
proved by the Branch after the efTective date of 
this Rule. 

(b) Existing Municipal Lockups - Existing 
municipal lockups for which final working 
drawings ha\e been approved pnor to the etTec- 
tive date of these rules shall continue to be gov- 
erned by the existing constniction standards 
which are now in Section .3700 of this Subchap- 
ter and the same standards shall apply to new 
municipal lockups which ha\e had final working 
drawings approved by the Branch prior to the 
effective date of this Rule. Existing municipal 
lockups or new municipal lockups which have 
had final drawings approved b\ the Branch prior 
to the cffccti\c date of this Rule may use the 
standards found in this Section in lieu of those in 
Section .3700 of this Subchapter if they choose. 

(c) Additions - The construction standards es- 
tablished in this Section shall apply to any con- 
struction that adds square footage to the building 
and for which the final working drawings arc ap- 
pro\cd after the effecti\e date of this Rule. 



(d) /Mterations or Repairs - When alterations 
or repairs are made to an existing municipal 
lockup building which effect its structural 
strength, e.xits, fire hazards, electrical systems, 
mechanical systems, or sanitary conditions, such 
alterations or repairs shall comply with the 
standards for new construction established in this 
Section. Unaltered portions of the building shall 
only be required to comply with the new con- 
struction standards indicated in this Section un- 
der the circumstances specified in Paragraphs (e) 
- (g) of this Rule. 

(e) E.xtensive Annual /Mterations or Repairs - 
If, within any 12 month period, alterations or 
repairs costing in excess of 50 percent of the then 
physical value of the building are made to an ex- 
isting municipal lockup, such municipal lockup 
shall conform to the construction standards for 
new municipal lockups established in this Sec- 
tion. 

(f) Reconstruction /Vfter Damage - If an exist- 
ing municipal lockup is damaged by fire or oth- 
envise in excess of 50 percent of the then physical 
value of the building at the time of damage, the 
municipal lockup shall be reconstructed in con- 
formance with the construction standards for 
new municipal lockups established in this Sec- 
tion. 

(g) Physical Value - I'or the purpose of this 
Rule, the physical value of the municipal lockup 
building shall be determined by the local buUding 
inspection department. 

Statutory .-iuthority G.S. I53A-22I. 

.3903 RFQl IRKMENT F OR OPF^RATIONS 
M AM AL 

Within 12 months after the effective date of this 
Rule, the chief of police or his designee respon- 
sible for operating the municipal lockup shall 
develop wntten policies and procedures that de- 
scribe how the lockup will be operated. 

Statutory Authority G.S. I53A-22I. 

..V)04 ri RPOSK OF OPKRATIONS M AM AL 

I'he purpose of the operations manual is to en- 
sure the smooth and efficient operation of the 
municipal lockup, and therefore it shall be de- 
tailed enougli to guide officers in completing their 
assigned duties. The operations manual shall be 
a\'ailable to all officers, and each officer shall be 
familiar with the manual. 

Statutory Authority G.S. I53A-22/. 

.3905 CONTENTS OF OPFRA1IONS M.VNL AL 



1054 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(a) The operations manual shall include written 
policies and procedures that address the following 
areas: 

(1) administration and management; 

(2) admissions, transportation and release; 

(3) classification; 

(4) security and supervision; 

(5) inmate rules and discipline; 

(6) management of special inmates; 

(7) legal rights of inmates; 

(8) health services; 

(9) food services; 

(10) access to legal representation; 

(11) sanitation; and 

(12) emergency plans. 

(b) The most recent editions of the following 
references are available as guides for developing 
policies and procedures: 

(1) /\ppalachian State University, Model 
Policies and Procedures Manual for North 
Carolina Jails; 

(2) American Correctional Association, 
Standards for Adult Local Detention Fa- 
cilities; 

(3) American Correctional Association, 
Standards for Small Jails; 

(4) National Commission on Correctional 
Heidth Care, Standards for Health Ser- 
vices in Jails. 

These references shall be available for inspection 
or loan from the Branch. Consultation and 
technical assistance shall be available from the 
Branch. The Branch can also provide informa- 
tion regarding outside agencies with additional 
resources for developing policies and procedures. 

Statutory Authority G.S. I53A-22I. 

.3906 RKMKVV OF MAMJ.AL 

I he operations manual shall be reviewed and 
updated at least once each year by the police 
chief. 

Statutory Authority G.S. I53A-22I. 



Male and female inmates shall not be placed in 
the same confmement unit, and, in addition fe- 
male inmates shall be housed out of sight of male 
inmates. 

Statutory Authority G.S. I53A-22I. 

.3909 CONFINE.MENT OF MALES UNDER 
18 YEARS OF AGE 

Male inmates under 18 years of age shall be 
confmcd in separate sleeping quarters from adult 
inmates. 

Statutory Authority G.S. I53A-22I. 

.3910 CONFINEMENT OF JLVENILES LNDER 
AGE 16 

Any juvenile under age 16 who is transferred to 
superior court for trial as an adult and who is 
ordered held in the jail pursuant to G.S. 7A-61 1 
shall be confined in a holdover facility where the 
juvenile cannot converse with, see, or be seen by 
the adult inmates. 

Statutory Authority G.S. I53A-22I. 

.3911 DISCRIMINATION IN HOUSING 
ASSIGNMENTS 

Housing assignments shall not be made on the 
basis of race, color, creed, national origin, or 
political belief. 

Statutory! Authority G.S. I53A-22I. 

.3912 EXITS 

Each municipal lockup shall have readily acces- 
sible emergency e?dts in compliance with the 
North Carolina State Building Code in order to 
permit the prompt evacuation of inmates and 
staff during an emergency. T.gress doors in jails 
which are classified as "Residential Occupancy" 
by the N.C. State Building Code shall remain 
unlocked at all times thereby permitting free 
movement to the building exterior from occupied 
areas. 



.3907 CUASSIFICAIION SYSTEM 

Each municipal lockup shall have a written 
classification procedure for the placement and 
housing of inmates. Within the limitations im- 
posed by the design and capacity of the lockup, 
the procedure shall assign inmates to confine- 
ment units that best meet their individual needs 
and that reasonably protect the inmate, other in- 
mates, the jail staff, and the public. 

Statutory Authority G.S. I53A-22I. 

.3908 FEM.\UE INM.ATES 



Statutory Authority G.S. I53A-22I . 

.3913 FIRE EQUIPMENT 

Each municipal lockup shall provide the fol- 
lowing emergency fire equipment: 

(1) fire extinguishers that meet all of the re- 
quirements in National Fire Prevention As- 
sociation pamphlet number 10 which is 
hereby adopted by reference pursuant to 
G.S. 150B- 14(c), and 

(2) smoke detection equipment that meets the 
requirements of the North Carolina State 
Building Code. 



NORTH CAROLINA REGISTER 



1055 



PROPOSED RULES 



Statutory Authority G.S. 
I SOB- 14 (c): I53A-22I. 



I50B-I4 (a) (I); Statutory Authority G.S. 1 53A-22 1 . 



.3914 FIKK PI AN 

(a) Each municipal lockup shall have a written 
plan for the e\'acuation and control of inmates in 
the event of a fire. The plan shall include at least 
quarterly fire drills, and records shall be made of 
the fire drills and retained. The actual mo\ement 
of inmates to other areas or outside the building 
is not required. 

(b) Evacuation routes shall be posted or oth- 
erwise clearly marked throughout the municipal 
lockup. 

(c) The police chief shall request in writing that 
the local fire department or fire marshaU inspect 
the municipal lockup and re\iew the fire plan at 
least once each \ear. 

Statuloty Authority G.S. I53A-221. 

.3915 MATIKESSFS 

Mattresses shall be of fire resistive and nontoxic 
constiTiction. 

Statutoty Authority G.S. I53A-22I. 

.3916 KK^S 

Each municipal lockup shall have a key control 
system that includes the foUowing elements: 

(1) a key control center that is secure and in- 
accessible to unauthorized persons at aU 
times; 

(2) a set of duplicate keys to be stored in a safe 
place that is inaccessible to unauthorized 
persons at all times; 

(.1) an accounting procedure for issuing and 
returning ke\s; and 

(4) a s\ stem of keys and matching locks that 
are color-coded and marked for identifica- 
tion by touch. 

Statutoiy Authority G.S. I53A-22I. 

.3917 (;t:NKKAL Sl-Xl KH\ KtQLIKEMKMS 

Each municipal lockup shall meet the foOowing 
security requirements: 



(1) 
(2) 

(4) 
(5) 



provide for the secure confmement of in- 
mates from the time of their passage through 
the security perimeter until release; 
pre\ent the passage of contraband; 

prevent unauthorized contact between in- 
mates and person from outside the lockup; 

provide a ground-level perimeter exterior 
that is well lighted; and 
pro\ide a communications link with outside 
agencies for use in emenicncics. 



.3918 SLPERMSION 

(a) Officers shall make supervision rounds and 
directly observe each inmate in person at least 
twice per hour on an irregular basis. The super- 
vision rounds shall be documented. If remote 
electronic monitoring is used to supplement 
supervision, it shaU not be substituted for super- 
vision rounds and direct visual observation. 

(b) Officers shall maintain voice or visual con- 
tact with all inmates at all times, and it shall be 
through either direct obser\ation or by means of 
electronic sur\eillance. 

(c) Their shall be more frequent observation 
of inmates who are assaultive, suicidal, 
intoxicated, mentally ill or who ha\e other spe- 
cial needs or problems. 

(d) Officers shall remain awake at all times. 

(e) Officers shall not be assigned other duties 
that would interfere with the continuous super- 
vision of inmates. 

(f) Eemale officers shall be on duty when fe- 
male inmates are confmed. 

(g) The police chief shall develop a contingency 
plan for the supervision and control of inmates 
during an emergency, and it shaU provide for the 
addition of extra personnel. 

(h) Inmates shall not be allowed to super\ise 
or assume any control o\er other inmates. 

Statutory Authority G.S. I53A-22I . 

.3919 SAMTATION 

Each municipal lockup shall comply with the 
North Carolina Commission for Health Ser\'ices 
rules governing sanitation as codified in 10 
NCAC lOA Section .0100 and which are hereby 
adopted by reference pursuant to G.S. 
150IM4(c). " 

Statutory .Authority G.S. 153A-22I. 

..1920 MAI IRKSSF.S AM) BFDDING 

.Mattresses, sheets, and blankets that are clean 
and in good repair shaU be suppUed to aU inmates 
except those not housed overnight. Sheets shaU 
be exchanged at least once a week. Mattresses 
shall meet the following requirements: 

(1) Mattresses shall comply with Commission 
for Health Sen-ices rules on sanitation, 10 
NCAC IOC, Rules .0312 - .0326 and G.S. 
Chapter I30A-273 v\hich are hereby adopted 
by reference pursuant to G.S. 150B- 14(c). 

(2) Mattresses shaU be not less than four inches 
thick and shaU be the same length and width 
as the lockup bunks. 



1056 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) Mattresses shall not have any metal, plastic, 
or other rigid framing component. 

(4) Mattress ticking shall be durable and water 
repellent. 

Statutoty Authority G.S. I53A-221. 

.3921 KOOD SKRMCE 

(a) In municipal lockups that purchase meals 
from an outside provider, a written contract shall 
require the provider to meet the applicable 
standards in this Section. 

(b) Inmates shall not be used as the sole source 
of personnel for the preparation or service of any 
meal. 

Statutory Authority G.S. I53A-22I. 

..W22 MKAL SKRMCE 

(a) Each jail shall provide at least three meals 
for inmates, two of which must be hot, at regular 
times during each 24-hour period. There shall 
be not more than 14 hours between the evening 
meal and breakfast. An inmate shall be provided 
a meal if he is in the municipal lockup during a 
normal meal hour. 

(b) I'ood shall be served to inmates on indi- 
vidual serving trays. Eating utensils and condi- 
ments shall be pro\ided. 

(c) While food is being transported, it shall be 
covered to prevent contamination and to main- 
tain appropriate serving temperatures. 

(d) Food shall never be used as a reward or 
punishment. 

(e) Each municipal lockup shall keep a daily 
record of the number of meals served. In addi- 
tion, each municipal lockup shall record the 
number of modified diets served at each meal, 
along with the name of each inmate and the type 
of modified diet that he or she received. 

Statutoty Authority G.S. I53A-22I. 

.3923 FOOD .\\n NLTRIENT 
REQl I REM EMS 

(a) The a\crage nutrient content of weekly 
menus shall meet the Recommended Dietary 
/Vllowances of the National Academy of Sciences 
which are hereby adopted by reference pursuant 
to G.S. 150B- 14(c). 

(b) Daily menus shall include the following: 
(1) Milk (jroup: Two servings; 

(2j Fruit Group: Two servings, one of which 
shall be citrus; 

(3) Vegetable Group: Three servings; 

(4) Meat or Protein Ciroup: Two servings; 

(5) Cereal or Bread Group: Four servings of 
w hole grain or enriched products; and 



(6) Calories: 2,100- 2,500. 
(c) For all pregnant women, children and 
teenagers, increase lhe milk allowance to four 
cups per day. 

Statutory Authority G.S. 153A-22I. 

.3924 MENUS 

(a) Menus shall be prepared in consultation 
with a registered dietician. 

(b) Menus shall be written and portion sizes 
shall be specified. 

(c) Menus shall be dated and posted one week 
in advance. 

(d) Menus shall be served as written to inmates 
in the municipal lockup. y\ny nccessan' substi- 
tutions shall be of comparable nutritional value, 
and a written record of substitutions shall be 
kept. 

(e) The same menu shall not be served at lunch 
and dinner on the same day. 

(f) Dated menus and records of any substi- 
tutions shall be retained for three years. 

Statutory Authority G.S. I53A-22I . 

.3925 MODIFIED DIETS 

(a) Modified diets shall be pro\idcd if pre- 
scribed by appropriate medical or dental person- 
nel. 

(b) Modified diets shall be pro\ided when rea- 
sonably possible to accommodate the sincerely 
held religious beliefs of an inmate. 

(c) Written menus for modified diets shall be 
prepared in consultation with a registered 
dietician. 

(d) .Modified diets shall be served as written. 
Any necessary substitutions shall be of compa- 
rable nutritional value, and a written record of 
substitutions shall be kept. Dated menus of 
modified diets and records of any substitutions 
shall be retained for three years. 

(e) Each municipal lockup shaU maintain a 
current list of inmates requiring modified diets, 
and it shall be posted for use by staff. 

Statutory Authority G.S. I53A-22I . 

.3926 MEDICAL PLAN 

(a) A written medical plan shall be dc\eloped 
in compliance with G.S. 153A-225 and it shall 
be a\ailable for ready reference by municipal 
lockup personnel. Fhe medical plan shall in- 
clude a description of the health services a\ailable 
to inmates. 

(b) The written plan shall include policies and 
procedures that address the following areas: 



NORTH CAROLINA REGISTER 



1057 



PROPOSED RULES 



( 1 ) I lealth screening of inmates upon admis- 
sion; 

(2) Routine medical care; 

(3) The handling of inmates with chronic ill- 
nesses or known communicable diseases 
or conditions; 

(4) Administration, dispensing and control of 
prescription and non-prescription 
medications; 

(5) Handling emergency medical problems, 
uicludmg but not limited to emergencies 
invoking dental care, chemical depend- 
ency, pregnancy and mental health; 

(6) Maintenance and confidentiality of med- 
ical records; 

(7) Privacy during medical examinations and 
conferences with qualified medical per- 
sonnel. 

(c) Imnate health complamts must be solicited 
daily by a health professional or by an ofTicer. 
Qualified medical personnel shall be available to 
cwiluate the medical needs of inmates. A written 
record shall be maintained of the request for 
medical care and the action taken. 

(d) Inmates shall not perform any medical 
functions in the lockup. 

(e) The medical plan shall be reviewed annu- 
ally. 

Scatutoty Authority G.S. 153A-22I . 

Mil IIKALIII SCREKMNC I ORM 

Ihe health screening form completed upon ad- 
mission by an otTiccr shall be available to mu- 
nicipal lockup officers, and a cop\' of the form 
shall be kept in any medical file that is main- 
tained for inmates. 

Statutoiy Aulhohty G.S. I53A-22I. 

3'J28 IOCS OF ADMISSIONS AND 
KKl.K.VSES 

Municipal lockups shall keep a log that contains 
at least the follow ing information on each inmate 
admitted: 

( 1) Inmate name, 

(2) Date and time inmate is admitted and re- 
leased, 

(3) Charge, 

(4) Condition of release, and 

(5) If not released, place to which inmate was 
transferred. 



The police chief shall complete a monthly re- 
port on Form DHR-JDS-1 and send it to the 
Branch no later than the tenth day of the fol- 
lowing month. 

Statutory Authority G.S. I53A-22I. 

3930 REPORT OF DFATH 

The report of an inmate death required by G.S. 
153A-225 shall be submitted to the Branch. 

Statutory Authority G.S. I53A-22I. 

3931 CONSLLT.VTION AND TECHNICAL 
ASSISTANCE 

Consultation and technical assistance in plan- 
ning a new municipal lockup shall be a\'aiJabIe 
througli the Branch. 

Statutory^ Authority G.S. I53A-22I. 

3932 COMPLIANCE REVIEW AND 
APPRONAL 

(a) The governing body shall submit copies of 
the following to the Branch before it begins con- 
struction of a new municipal lockup and before 
it makes additions or alterations to an existing 
municipal lockup as defined by the North 
Carolina State Building Code: 

(1) three sets of schematic drawings and out- 
line specifications; 

(2) three sets of preliminary working drawings 
or design de\elopment drawings and out- 
line specifications; 

(3) three sets of completed final working 
drawings and specifications. 

(b) Upon receipt of the drawings and specifi- 
cations at each stage, the Branch shall send one 
set each to the following for their review and ap- 
proval: the Department of Insurance to insure 
compliance with the North Carolina State 
Building Code, and the Di\ision of nn\iron- 
mental Health in the Department of Hnviron- 
ment. Health, and Natural Resources to insure 
compliance with the rules ao\emin2 sanitation 
as codified m 10 NCAC lOA, Section .UlOO and 
which are hereby adopted by reference pursuant 
to G.S. 150B- 14(c). The Branch shall keep one 
set for its own re\iew and approval to insure 
compliance with the minimum standards for the 
operation and construction of municipal lockups 
as contained in this Subchapter. 

Statutor\' Authority G.S. I53A-22I. 



Statutofy .Authority G.S. /53.1-22/. 

.M)19 MONIIIL'S RLPORI OF Ml NICIPAL 
LOCKLPS 



3933 SPECIFIC CONSTRUCTION 
REQl IRFMENTS 

(a) Municipal lockups restrain inmates under 
lock and kev within a buildinii and therefore shaU 



1()5S 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



meet the requirements of the North Carolina 
State Building Code for "Institutional Occu- 
pancy - Restrained". 

(b) The construction materials in all municipal 
lockups shall be sufficient to provide the degree 
of security required for the area in which they are 
used. 

Statutory Authority G.S. I53A-22I. 

.3W4 CKNTKAL CON [ROL STATION 

In municipal lockups that have a central control 
station, the station shall: 

(1) be strategically located and equipped to 
regulate and monitor the movement of in- 
mates and officers; 

(2) have a security vestibule at its entrance; 

(3) have direct two-way voice communication 
with all confinement units; 

(4) have direct two-way voice communication 
with all officers as needed to maintain safety 
and security; 

(5) be equipped with a release mechanism to 
open all confinement unit doors in an 
emergency; 

(6) have a toilet and sink. 

Statutory Authority G.S. I53A-22I. 

.3935 ELEVAIOKS 

Elevators that open into the municipal lockup 
shall be secure and shall be under the control and 
obser\ation of officers. 

Statutoiy Authority G.S. I53A-22I . 

..W36 INMATE PROCESSING AREA 

Each municipal lockup that performs a booking 
and release function shall have an imiiatc proc- 
essing area with access to the following: 

(1) a booking area that includes space for 
photographing and fmgcrprinting inmates 
and a telephone for making local and long- 
distance calls; and 

(2) a sobriety testing area. 

Statutoiy Authority G.S. I53A-22I. 

.3937 MSn ATION ARE.VS 

I'ach municipal lockup shall provide a confi- 
dential attorney visitation area that shall: 

( 1 ) permit contact between the inmate and at- 
torney; 

(2j be separate and distinct from the general 
\isitation area; 

(?i) provide seating and a writing table for the 
inmate and attorney; 



(4) permit only visual monitoring by the offi- 
cers; 

(5) provide a way for the attorney to contact 
officers if needed; and 

(6) provide a minimum of 30 footcandles of 
artificial light. 

Statutory Authority G.S. I53A-22I. 

.3938 OTHER AREAS 

Each municipal lockup that does not contract 
for meals shall have a kitchen. 

Statutory Authority G.S. I53A-22I. 

.3939 FLOORS, CEILINGS, AND WALLS 

(a) All floors in confmement units shall be 
sloped toward drains located outside of the cell 
areas, and the drains shall be tamper-resistant if 
necessary for security. 

(b) All ceilings, walls, and floors in confine- 
ment units shall have a finished surface that is 
easily cleaned, nonto.xic, and predominantly of 
fight colors. 

Statutory Authority G.S. J 53 A -22/. 

.3940 SHOWERS AND PLUMBING FIXTl RES 

(a) If provided, each municipal lockup shall 
have at least one shower for every eiglit inmates. 

(b) If provided, showers shall have drains that 
prevent water from draining outside the shower, 
and the shower fixtures and drains shall be 
tamper-resistant if necessary for security. 

(c) Plumbing fi.xtures shall be made of stainless 
steel or other suitable materials as necessary for 
security. 

(d) Diinking fountains shall be equipped with 
mouth guards. 

(e) AH privacy partitions in showers and 
bathrooms shall be high enougli to allow Irmitcd 
privacy for the inmates while still allowing ade- 
quate supcr\ ision by officers. 

Statutory Authority G.S. I53A-22I. 

.3941 WINDOWS AND GLAZING 

(a) Windows and window framing, including 
glazing, shall be made of materials necessary to 
pro\ide the degree of security required for the 
area in wliich they are used. 

(b) Glazing shall be diffused or obscured if it 
affords a view into confmement units from out- 
side the municipal lockup. 

(c) View panels shall be made of materials 
necessary to provide the degree of security re- 
quired for the area in which they are used, and 
those used for confmement units shall have a 



NORTH CAROLINA REGISTER 



1059 



PROPOSED RULES 



minimum area of 180 square inches and permit 
observation of the entire unit. 

Statutory Authority G.S. I53A-22I. 

.3942 DOORS, BLNKS AM) LOCKS 

(a) Doors, locks and detention hardware shall 
be made of materials necessar>' to provide the 
degree of security required for the area in which 
they are used. 

(b) Doors to all confinement units shaU have 
view panels. 

(c) Doors shall operate independently of each 
other, and the cell doors in a cellblock shall be 
capable of simultaneous release during an emer- 
gency. 

(d) Doors and locks that are electronically 
controlled shall be equipped with manual over- 
ride. 

(e) I ood passes, if used, shaU have large 
enough openings to permit the passage of a food 
tray. 

(f) Bunks shall have dimensions necessar>' to 
accommodate a standard detention mattress and 
they shall he securely anchored at least 13 inches 
abo\ e the floor. When one bunk is placed above 
another, the lower bunk shall be approximately 
15 inches and the upper bunk approximately 50 
inches abo\e the floor. 

(g) Doors, locks, detention hardware and 
bunks shall be designed to inhibit their use for 
an attempted suicide. 

Statutoiy Authority G.S. I53A-22I. 

.3943 SAKKTV KQl II'MEN T 

In each municipal lockup the safety equipment, 
including intercoms, fire extinguishers, smoke 
detectors, and sprinkler heads, shall be tamper- 
resistant if necessary for security. 

Statutory' Authority G.S. I53A-22I. 

.3944 MFC HAMCAI SYSTEMS 

(a) I'ach municipal lockup shall have heating, 
ventilation, and air conditioning s\ stems that are 
capable of maintaining temperatures in confine- 
ment units at a minimum of 68 degrees 
Fahrenheit during the heating season and a 
maximum of 85 degrees I-ahrenheit during the 
cooling season. 

(b) I'he master controls for the system shall be 
located outside the confinement units and shall 
be accessible to officers during an emergency. 

(c) The ducts for the systems shall be designed 
to pre\ent the escape of inmates and the passage 
of contraband, and they shall be designed to in- 
hibit their use for attempted suicide. 



(d) The ventilation system shall provide a 
minimum of ten cubic feet per minute of fresh 
or purified air for each inmate. 

Statutory Authority G.S. I53A-22I. 

.3945 PLUMBING SYSTEMS 

(a) Each municipal lockup shall have a 
plumbing system that compUcs with the Com- 
mission for Health Ser\'ices Rule 10 NCAC lOA 
and the North Carolina State Plumbing Code, 
both of which are hereby adopted by reference 
pursuant to G.S. 150B- 14(c). 

(b) Each municipal lockup shall have a hot 
water supply for inmate lavatories, if provided, 
and showers designed to meet the usual needs of 
the number of inmates confmed in the municipal 
lockup. 

(c) The master control valves for the plumbing 
s>stem shall be located outside the confinement 
units and shall be accessible to oiTicers dunng an 
emergency. 

Statutoty Authority G.S. I53A-22I. 

..^946 ELECTRICAL SYSTEMS 

(a) Each municipal lockup shall have an elec- 
trical system that provides artificial lighting in the 
confinement units of at least 30 footcandles and 
that can be reduced during sleeping hours. 

(b) Artificial lighting in the corridors shall be 
at least 20 footcandles. 

(c) Lighting fixtures shall be made of materials 
necessary to pro\ide the degree of security re- 
quired for the area in which they are used. 

(d) The master controls and circuit breakers 
shall be located outside the confinement units 
and shall be accessible to officers during an 
emergency. 

Statutoiy Authority G.S. 153A-22I. 

.3847 CLOTHING .\ND TONVEL HOOKS 

Clothing and towel hooks shall not be used. 

Statuton> Authority G.S. I53A-22I. 

.3848 CONFINEMENT I NITS 

The govemmg body shall decide what confme- 
ment unit or combination of confinement units 
it w ill include in its municipal lockup: single cells 
and multiple occupancy cells. 

Statutory Authority G.S. I53A-22J. 

.3949 STANDARDS FOR SINGLE CELLS 

Each single cell shall have: 

(1) a minimum floor space of 50 square feet; 



1060 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(2) a minimum floor dimension of seven feet; 

(3) a toilet, a sink and a drinking fountain. 

Statutory Authority G.S. I53A-221. 
.3950 STANDARDS FOR MLLTIPLE 

OCCUPANCY cp:lls 

Each multiple occupancy ceU shaU house no 
more than four inmates and shall have: 

( 1 ) a minimum floor space of 50 square feet for 
the first inmate and 35 square feet of floor 
space for each additional inmate; 

(2) a minimum floor dimension of seven feet; 

(3) a toilet, a sink and a drinking fountain. 

Statutory Authority G.S. I53A-22I. 

.3951 inspections 

All municipal lockups shall be visited and in- 
spected at least twice each year, but a lockup 
shall be inspected more frequently if the Depart- 
ment considers it necessary' or if it is required by 
an agreement of correction pursuant to Rule 
.3853 of this Subchapter. 

Statutory Authority G.S. I53A-220; IS3A-22I. 

.3952 REPORT OF INSPECTION 

(a) The procedures contained in G.S. 153A-222 
shall govern all inspections except those that fmd 
noncompliance with one or more of the pro- 
visions listed in Paragraph (b) of this Rule. 

(b) The inspector shall forward a copy of the 
inspection report to the Secretary within ten days 
after the inspection if there are findings of non- 
compliance with any of the following standards 
contained in 10 NCAC 3J or the following stat- 
utes: 

(1) Classification; Rules .3807-.3810; 

(2) Tire Safety; Rules .3811-.3815; 

(3) Supervision; Rule .3817; 

(4) Sanitation and Personal llvtnene; Rules 
.3818-3819; 

(5) Food; Rules .3820-3824; 

(6) Medical Care of Inmates; Rules 
.3825-. 3826; 

(7) G.S. 153A-224, Supervision of Lockups; 
or 

(8) G.S. 153A-226(b), Disapproval for PubUc 
Health Purposes. 

(c) The inspector at the same time shall submit 
to the Secretary a written description of the con- 
ditions that caused noncompliance and a prclim- 
inar\ determination of whether those conditions 
jeopardize the safe custody, safety, health or 
welfare of the inmates confined in the municipal 
lockup. 



(d) The inspection report shall be submitted to 
the local officials responsible for the municipal 
lockup within 30 days after the inspection as re- 
quired by G.S. 153A-222, and it shall include a 
notice that the facility was not in compliance 
with one or more of the provisions listed in Par- 
agraph (b) of this Rule. The notice shaU state 
that the report has been submitted to the Secre- 
tary on a designated date for a final determination 
of whether conditions at the municipal lockup 
jeopardize the safe custody, safety, health or 
welfare of its inmates. The notice shall state that 
local officials will be mailed a fmal determination 
within 30 days of the designated date. 

Statutory Authority G.S. /53A-220; 153A-22I. 

.3953 DETERMINATION TH.VT CONDITIONS 
.JEOPARDIZE INM.\TES 

(a) The Secretary' shall deteiTnine whether 
conditions in the municipal lockup jeopardize the 
safe custody, safety, health or welfare of its in- 
mates within 30 days after receipt of the in- 
spection report and the supporting materials. 

(b) The Secretary' may determine that non- 
compliance with any of the provisions listed in 
10 NCAC 3J .3851(b) jeopardizes the safe cus- 
tody, safety, health or welfare of inmates con- 
fined in the lockup. 

(c) Although noncompliance with other spe- 
cific standards or statutes may be found to jeop- 
ardize inmate or staff safe custody, safety, health 
or welfare, the Secretary- shall determine that 
noncompliance with any of the following pro- 
visions contained in 10 NCAC 3.1 jeopardb.es the 
safe custody, safety, health or welfare of inmates 
confined in the lockup: 

(1) Mattress flame retardant requirements; 
Rule .3814; 

(2) Emergency exits; Rule .3811; 

(3) Fire plan;'Rule .3813; 

(4) Eire equipment; Rule .3812; 

(5) Separation of male and female inmates; 
Rule .3808; 

(6) Separation of inmates under ase 18; Rule 
.3809; 

(7) Medical plan: Rule .3825; 

(8) Disapproval for pubhc health purposes; 
G.S. 153A-226(b). 

(d) The Secretary shall notify the local officials 
responsible for the municipal lockup within 15 
days of his final determination if he concludes 
that the conditions in the lockup jeopardize the 
safe custody, safety, health or welfare of the in- 
mates. The Sccrctan,' shall order corrective 
action, order the municipal lockup closed, or en- 
ter into an agreement of correction with local 
officials pursuant to 10 NCAC 3J .3853. 



NORTH CAROLINA REGISTER 



1061 



PROPOSED RULES 



(e) The Secretary shall notify the local ofilcials 
responsible for the lockup within 15 days of his 
final determination if he concludes that the con- 
ditions in the lockup do not jeopardize the safe 
custody, safety, health or welfare of the inmates. 
The notice shall direct local officials to consider 
the inspection report and initiate corrective 
action pursuant to the provisions of G.S. 
153A-222. 



.3956 DKSIGNATION BY SECRETARY 

ITie Secretary may designate a person to act for 
him with respect to matters covered by this Sec- 
tion. The designation shall be in writing and it 
shall be on file with the Branch. 

Statutory Authority G.S. I53A-220: I53A-22I. 

CHAPTER 39 - EMPLOYMENT PROGRAMS 



Statutory Authority G.S. I53A-220; 153A-22I. 

.3954 A(,REEME\T OF CORRECTION 

(a) Before ordering corrective action or order- 
ing the lockup closed, the Secretary' may direct 
the governing body to enter into an agreement 
of correction. If the Secretary chooses this op- 
tion, he shall require the governing body to enter 
into a written agreement within 30 days after it 
receives notice that conditions in the lockup 
jeopardize the safe custody, safety, health or 
welfare of the inmates. 

(b) 'l"he agreement of correction at a minimum 
shall indicate the specific areas of noncompliance 
with the standards or statutes, the governing 
body's intent to remedy noncompliance; a plan 
for remedying the noncompliance, a definite and 
reasonable number of days within which the 
lockup will be brought into compliance and a 
schedule of inspections to monitor compliance. 

(c) The agreement of correction may be ex- 
tended once for a period not to exceed 60 days if 
the time period in the initial agreement expires 
before the lockup is brouglit into compliance, 
but only if the governing body is making a good 
faith effort to achieve compliance. 

(d) If the lockup is not brought into compli- 
ance within the time period required by Para- 
graph (c) of this Rule, the Secretar>' shall order 
corrective action or order the lockup closed. 

Statutoiy Authority G.S. I53A-220: I53A-22I. 

.3955 ORDER OF CORRECTS E ACTION OR 
ORDER OF CLOSLRE 

If the Secretary' determines that an agreement 
of correction is not appropriate, or il he deter- 
mines that a lockup is not brought into compli- 
ance within the time period required by an 
agieement of correction, the Secrctan,' shall order 
corrective action or order the lockup closed. 
Notice of the action taken shall be given to local 
officials responsible for the lockup as provided 
by G.S. 153A-:23(r). 

Statutoiy Authority G.S. /53A-220: /53A-22/. 



SLBCIIAPTER 39D - JOB OPPORTLNITIES 

AND BASIC SKILLS I RAINING (JOBS) 

PROGRAM 

SECTION .0100 - ADMINISTR.VTION 

.0101 IMPLEMENTATION SCIIEDLLE 

(a) /Ml counties operating a Community Work 
Experience Program on Januan.' 1, 1^90 shall 
begin operation of the Job Opportunities and 
Basic Skills Training (JOBS) Program on Octo- 
ber 1, 1990. 

(b) Effective April 1, 1991: 

(1) .Any county within a single county \tet- 
ropolitan Statistical /Vrea shall begin op- 
eration of the JOBS program. 

(2) /Vny county which has not begun the 
JOBS program and in which 1.500 per- 
cent or higher of the state's adult /\EDC 
recipient population resided in September 
1989 shall begin operation of the JOBS 
program. 

(3) Based on fund availability any remaining 
county which has not implemented JOBS 
may voluntarily begin operation of the 
JOBS program. 

(c) Effective July 1, 1991: 

(1) Any county which has not begun the 
JOBS program and in which .855 percent 
or higher of the state's adult Al DC re- 
cipient population resided in September 
1989 shall begin operation of the JOBS 
program. 

(2) Based on fund availability, any remaining 
county which has not begun the JOBS 
program may voluntarily begin operation 
of the JOBS program. 

(d) Effective January 1, 1992: 

(1) Any county which has not begun the 
JOBS program and in wliich .346 percent 
or higher of the state's adult A I' DC re- 
cipient population resided in September 
1989 shall begin operation of the JOBS 
program. 

(2) Based on fund a\ailability, any remaining 
county which has not begun the JOBS 
program may voluntarily begin operation 
of the JOBS program. 



1062 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(e) Any remaining county which has not im- 
plemented the JOBS program shall begin opera- 
tion of the JOBS program effective July 1, 1992. 

Statutory Authority G.S. I43B-I53: 42 USC 682 
et. seq. 

.0102 COLNTV PLAN 

Each county department of social services shall 
submit a county JOBS plan in accordance with 
guidelines issued by the Division of Social Ser- 
vices. 

Statutory Authority G.S. /43B-/53; 42 USC 682 
et. seq. 

.0103 OrnONAL COMI'OXKMS 

Job search, on-the-job training, and community 
work experience shall be included in the state's 
JOBS program. 

Statutory Authority G.S. /43B-/53; 42 L'SC 682 
et seq. 

.0104 l'os^-SK.co^nAK^ kdi cvnoN 

Po5t-secondar\' education shall be included in 
the state's JOBS program. 

Statutory Authority G.S. I43B-I53; 42 USC 682 
et seq. 

.0105 I'ARIICII'AIION KA TK 

liach county operating a JOBS program shall 
not be required to meet the federal participation 
rate, as described in 45 Cl-R 250.74, as long as 
the statewide rate is met. 

Statutory Authority G.S. /43B-I53; 42 USC 682 
et seq. 

.0106 KXI'KNDin KK K.\ IK 

I ach county operating a JOBS program shall 
not be required to spend 55 percent of its JOBS 
funds on the federally established target groups, 
as defined in 45 CFR 250.1, as long as the state- 
wide rate is met. 

Statutory Authority G.S. I43B-I53: 42 USC 682 
et seq. 

.0107 AI'I'I.ICAMS 

Al'DC applicants shall not participate in the 
JO lis program unless the county department of 
social ser\'iccs includes sen'ices and acti\ itics for 
applicants m the county's JOBS plan and the 
county .KJBS Program can meet the pculicipation 
rate and expenditure rate. 



Statutory Authority G.S. I43B-I53; 42 USC 682 
et seq. 

CIIAPIER 42 - INOIMDIAL AND FAMILY 
SLPPOKT 

SLBCIIAPTER 42D - LICENSING OF HOMES 
FOR THE AGED AND INFIRM 

SECTION .1400 - PERSONNEL 

.1407 STAFFING 

(a) In addition to the requirements set forth in 
Paragraphs (b) through (d) of this Rule, the re- 
quirements in 10 NCAC 42C .2005 shall control 
for this Subchapter. 

(b) Homes must statT to the licensed capacitv 
of the home or to the resident census. When a 
home is stattina to resident census, the coinit\' 



department o\_ social services must be notified in 
wnting in advance. A daih' census log must be 
maintained which lists current residents bv name. 



room assignment and date of admission. 1 he 
administrator must prepare a plan of operation 
for the home (each home in a cluster) specifxing 
the staff invohcd. their regularh' assiiined duties, 
and the amount ot time and desiiiiiated hours 
estimated to be spent tor each dutv. 1 here must 
be a current plan of operation on tile in the 
home, awailable lor re\'iew bv bona tide inspec- 
tors and the monitoring and licensing agencies. 
1 he county department of soci.il senices must 
be notified in w riting m ad\ ance when the home 
returns to stafling to licensed capacitv. When a 
home is stalling to licensed capacit\' the require- 
ments set forth in this I^iragraph do not applv 
except for the plan of operation as described in 
Paragraph (4)(.\) of thjs Rule, 
(c) fl*| Homes with capacity or census of 7 12. 
12 or fewer residents. 
( 1 1 .\t all times tliere must be an administrator 
or supervisor-in-charge in the home or 
within 500 feet of the home and imme- 
diately available; 
(2) A free standing home with capacit',- or 
census of 7 12 12 or fewer residents must 
comply with the following staffing: 

(A) When the administrator or supervisor- 
in-charge is not on duty within the home, 
there must be at least one staff member 
on duty on the first and second shifts and 
at least one staff member on call witliin 
the building on third shift. There must 
be a call system connecting the bedroom 
of the staff member, who may be asleep 
on the third shift, with each resident's 
bedroom: and 

(B) When the administrator or supcrvisor- 
in-charue is on dutv within the home on 



NORTH CAROLINA REGISTER 



1063 



PROPOSED RULES 



the first and second shifts and on call 
within the home on the third shift, an- 
other staff member (i.e., co-administrator, 
super\isor-in-charge or aide) must be in 
the building or within 500 feet of the 
home and immediately available. 

(3) A cluster of homes with capacity or census 
of "7 12 12 or fewer residents must comply 
with the toUouing statting; 

(A) When there is a cluster of up to six li- 
censed homes located adjacently, there 
must be at least one administrator or 
super\'isor-in-charge who li\'es within 500 
feet of each of the homes, is immediately 
a\ailable, and who, as supervisor for ;dl 
the homes, is directly responsible for as- 
suring that all required duties are carried 
out in each home; and 

(B) In each of the homes, at least one staff 
member must be on duty on the first and 
second shifts and at least one staff mem- 
ber must be on call within the building 
dunng the third shift. 1 here must be a 
call SNStem connecting the bedroom of the 
staff member, who may be asleep on the 
third shift, with each residents bedroom. 

(4) The following shall apply to all homes 
with capacity or census of "? 12: 12 or 
fewer residents: 

(A) The administrator must prepare a plan 
of operation for the home (each home in 
a cluster) specifsing the staff in\olved, 
their regularly assigned duties and the 
amount of time estimated to be spent for 
each duty. There must be a current plan 
of operation on file in the home, a\'ailable 
for review by bona fide inspectors and the 
monitoring and licensing agencies; 

(B) At least 12 hours must be spent daily 
pro\iding for the personal services, health 
services, drug management, meaningtul 
acti\ities, and other direct services needed 
by the residents. These activities are the 
primar\' responsibility of the statT 
mcmber(s) on duty on the first and second 
shifts; however, other help, such as the 
supervisor-in-charge and acti\ities coordi- 
nator may be used to assist in pro\'iding 
these services; 

(C) Dunng the remaining hours, the staff 
member on dut\- may perfomi house- 
keeping and food service duties as long as 
the staff member can respond immediately 
to resident calls or the residents are oth- 
erwise super\ised. Also, the person on 
call within the home may perform hotise- 
keepiiig duties between the hours of 9 
pm. and 7 a.m. if the duties do not hinder 



care of residents or immediate response to 
resident calls, do not disrupt residents' 
normal lifestyles and sleeping patterns; 
and do not take the person on call out of 
view of where the residents are; 
(D) Additional help must be a\ailable daily 
to assure adequate housekeeping and food 
service. 
(d) {%^ Homes with capacity or census of 13-20 

must comply with the following staffing; Note; 

WTien the home is 

census falls 



below 



staffing to census and the 
13 residents. 



the staffing re- 



quirements for a home with 12 or fewer residents 
will applv. 

( 1 ) At all times there must be an administrator 
or super-in-charge in the home or within 
500 feet of the home and immediately 
available; 

(2) When the administrator or super.isor-in- 
charge is not on duty within the home, 
there must be at least one staff member 
on duty on the first, second and third 
shifts. Since the staff member on the third 
shift is on duty, there is no required call 
system for use by the residents; 

(3) When the administrator or supervisor-in- 
charge is on duty within the home, an- 
other staff member (i.e. co-administrator, 
supervisor-in-charge or aide) must be in 
the building or within 500 feet of the 
home and immediately available; 

(4) The job resptmsibility of the staff member 
on dut\- within the home is to pro\ide the 
direct personal assistance and supervision 
needed b\ the residents. \ny house- 
keeping duties performed by the staff 
member between the hours of 7 a.m. and 
9 p.m. are to be limited to occasional, 
non-routine tasks. The staff member may 
peribrm housekeeping duties between the 
hours of 9 p.m. and 7 a.m. as long as such 
duties do not hinder care of residents or 
immediate response to resident calls, do 
not disrupt residents' normal lifestyles and 
sleeping patterns and do not take the staff 
member out of \iew of where the residents 
are. fhe staff member on duty to attend 
to the residents is not to be assigned food 
service duties: and 

(5) In addition to the staff member(s) on duty 
to attend to the residents, there must be 
sufficient help available dail\' to perform 
necessap,' housekeeping and food service 
duties. 

(e) ftH Homes with capacity or census of 21 or 
more must comply with the tollowing staffing: 
Note: When the home is staffinii to census and 
the census fills below 21 residents, the statfing 



1064 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



rccuiiremcnts for a home with a census of 13-20 
will apply. 

(1) At all times there must be an administrator 
or supcrvisor-in-charge in the home or 
u ithin 500 feet of the home and imme- 
diately available; 

(2) While the Division of Facility Services 
may require a home to have additional 
aide duty in excess of the minimum (based 
on the condition of the residents and the 
la\out of the building), the daily total of 
aide duty hours on each 8-hour shift must 
at all times (other than during short, un- 
foreseeable circumstances) be at least: 

(A) First shift (morning) - 0.4 hours of aide 
duty for each resident (licensed capacity 
or resident census) , or S.O hours per each 
20 residents plus 3.0 hours for all other 
residents, whiche\er is greater; and 

(B) Second shift (afternoon) - 0.4 hours of 
aide duty for each resident (licensed ca- 
pacity or resident census) , or S.O hours 
per each 20 residents plus 3.0 for all other 
residents, whichc\er is greater; and 

(C) Third sliift (evening) - 8.0 hours of aide 
duty per 50 or fewer residents (licensed 
capacity or resident census). 

(3) The following descnbes the nature of the 
aide's duties, including allowances and 
limitations; 

(A) The job responsibility of the aide is to 
provide the direct personal assistance and 
supervision needed by the residents; 

(B) Any housekeeping performed by an 
aide between the hours of 7 a.m. and 9 
p.m. is to be limited to occasional, non- 
routine tasks, such as wiping up a water 
spill to prevent an accident, attending to 
an individual resident's scaling of his bed, 
or helping a resident make his bed; 

(C) If the home employs more than the 
minimum number of aides required, any 
additional hours of aide duty above the 
required hours of direct scr\'ice between 7 
a.m. and 9 p.m. may insolve the per- 
formance of housekeeping tasks; 

(D) An aide may perform housekeeping 
duties between the hours of 9 p.m. and 7 
a.m. as long as such duties do not hinder 
the aide's care of residents or immediate 
response to resident calls, do not disrupt 
the residents' nonnal lifestyles and sleep- 
ing patterns, and do not take the aide out 
of view of where the residents are. The 
aide must be prepared to care for the res- 
idents since that remains his pnman duty; 
and 



(F) Aides are not to be assigned food ser- 
vice duties, however, providing assistance 
to individual residents who need help with 
eating is an appropriate aide duty. 
(4) In addition to the staffing required for 
management and aide duties, there must 
be sufficient personnel employed to per- 
form necessary housekeeping and food 
service duties. 

Statutory Authority G.S. I3ID-2: I43B-I53. 

•k-k'k-k'k'k-k'k'k-^'k'k'k-k-k'k'k'k 



1\ otice is hereby given in accordance with G.S. 
I50B-I2 that the Department of Human Re- 
sources intends to adopt rule cited as JO i\C.4C 
3J .3601; repeal rides cited as 10 .\CAC 3J .5101, 
.5201, .5301 - .5302, .5401 - .5404, .5501 - .5507, 
.5601 - .5603, .570/ - .5705, .5S01 - .5S02, .5901 
- .5907. .6001 - .6006, .6101 - .6102, .6201 - .6202. 
.6301. 



Th 



he proposed effective date of this action is June 
I. 1990. 

1 he public hearing will be conducted at 3:30 
p.m. on March 5, 1990 at Room 201 . Council 
Building, 701 Barbour Drive, Raleigh, Xorlh 
Carolina 27603. 

(comment Procedures: Any interested person 
may present comments in writing or orally at the 
hearing for a maximum of ten minutes. A ny per- 
son may request information by writing or calling 
Lynda McDaniel, Di\ision of Facility Senices, 
701 Barbour Drive, Raleigh, North Carolina 
27603, (919) 733-2342. 

CIIAPIKK 3 - I .veil. I ^^ SI KVICKS 

SI IKII.MTKR X\ - rilK OIMKAIION Oh 
LOCAL ( ONLINLMLN r !• ACILLLIKS 

SECTION .3600 - S.VLKLLITE JAIL/WORK 
RELEASE UNITS 

.3601 AIT'LICAimiTY 

The standards for definitions, operations, con- 
struction and enforcement contained in Sections 
.2300 - .3500 that apply to jails shall also apply 
to satellite jail work release units. 

Statutoiy Authority G.S. I53A-230.4. 
SKCnON .5100 - DFFIMTIONS (RKI'LALEI)) 
.5101 DKFIMTIONS 



NORTH CAROLINA REGISTER 



1065 



PROPOSED RULES 



Statutory Authority G.S. I53A-230.4. 

SK( HON .5200 - S rANDARIDS (RFJ'EALED) 

.5201 OKA KI.Ol'MKM OK MINIMUM 
STANDARDS 

Statutory Authority G.S. /53A-230.4; 
J 53 A -230.5. 

SKcnoN .5.^00 - dksk;\ dfx ki opmknt 

AND APl'RON Al FOR SATFLFFrE 
,IAIF/\VORK RFLEASF LNFFS (RKF'EALED) 

.5.W1 ARCTIFIFCr OR FNCINEER 
.5302 PLAN DE\EI.OPMENT 

Statutory Authority G.S. /53A-230.4. 

SKCI ION .5400 - OPERATION PROCiRAM 
(REPKAI ED) 

.5401 RKQl IREMENl FOR OPERATION 

PRO(.RAM 
..=;402 CON lEN IS OF AN OPFR \l IONS 

PKOCRAM 
.540.1 APPRON Al. OF HIE PROGRAM 
.5404 RE\ lEW OF IMF PROGRAM 

Statutoiy .Authority G.S. 153.1-230.4. 

SECI ION .5500 - SATEI I ITE lAII /W ORK 
REl EASE I NIIS (KFPFAI ED) 

.5501 SAFFl 1 IIF .lAll /WORK REl EASE 

.5502 CONFINFMENl I Nil 

.5503 PR0(;R \M\I1N(; AREAS 

.5504 ADMINISIR \IION AREA 

.5505 CONS I Rl CI ION MAI ERIAIS FOR 

SAI El 111 E JAIE/WORK REEEASE 

I NIIS 
.550f> MFC II \N1CAI. S^SIEMS 
.5507 (;FNFR Al. REQl IREMENIS 

StatutofT .luthority G.S. / 53 A- 230.3; 
/53A-230.4. 

SECriON .5600 - CI ASSIFICAIION 
(REPKAI ED) 

.5601 FEMALE INMAIES 

.5602 SI \FFIN(; 

.5603 CI.ASSll ICAI ION S^STE^I 

Statutory Authority G.S. / 53 A -230.3 : 
/ 53 A- 230.4. 

SECI ION .5700 - SAI K lA AND SKC LRl lA 
(RKPK \LLD) 

.5TOI SKCI R1T^ 

.5702 KE^S AND E\l FS 



.5703 FIRE EXIINGLISHERS AND FIRE 

SAFEFV TRAINING 
.5704 FIRE PLAN 
.5705 MAI IRESSES 

Statutory Authority G.S. 153,1-230.4. 

SECI ION .5800 - S FAFFING (REPEALED) 

.5801 PERSONNEL 
.5802 RECORDS 

Statutoiy Authority G.S. I53A-230.4. 

SECTION .5900 - SANITATION AND 
PERSONAL in(;iKNK (REPEALED) 

.5*^01 BEDDING 

.5402 SIIAMNG 

.5903 TOW ELS AND SOAP 

.5904 SHOWERS 

.5905 SANITATION 

.5906 WATER SLPPLY 

.5907 LIQL ID WASTES 

Statutory .Authority G.S. 153 A- 230.4. 

SECTION .6000 - FOOD (REPEALED) 

.6001 DIET 

.6002 FOOD PREPARATION AND SER\ ICE 

.6003 FOOD RECORDS 

.6004 SANITAIION 

.6005 FOOD FROM Ol TSIDE 

ESIABl ISIIMENTS 

.6006 SFAFFING 

Statutory .Authority G.S. /53.A-230.4. 

SECFION .6100 - MEDICAL CARE (REPEAI KD) 

.6101 MEDICAL PLAN 

.6102 REPORT OF INMATE'S DEATH 

Statuton- Authority G.S. I53A-230.4. 

SECTION .6200 - I RAINING OF PERSONNEL 
(REPE.\LED) 

.6201 EMPFO'SEE RKQl IRKMKNFS 
.6202 IRAININC; 

Statutory Authority G.S. I53A-230.4. 

SECI ION .6300 - REPORIS (REPEALED) 

.6301 MONIllL> REPORTS OF COL NTV 
SAIKI I.IIE .lAII /WORK RELEASE 
LNIIS 

Statutory Authority G.S. I53A-230.4. 



1066 



\ORTH CAROLIS.A REGISTER 



PROPOSED RULES 



■k-k-k-k************** 



lyotice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Department of Human Re- 
sources. Di\'ision of Seriices for the Blind intends 
to amend rule(s) cited as JO\\CAC I9G .0502. 

1 he proposed effecti\-e date of this action is June 
I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on March 10, 1990 at DSB Conference 
Room, Fisher Building. Governor Morehead 
Campus. 309 Ashe .Avenue, Raleigh, \C 27606. 

y^omment Procedures: Any interested person 
may present his'her comments either in writing 
three days prior to or at the hearing or orally at 
the hearing for a maximum of ten minutes. .4 ny 
person may request information by writing or 
calling Afr. Herman Gtuber, Designee, Division 
of Sen-ices for the Blind, 309 Ashe Avenue, 
Raleigh, .\C (919) 733-9S22. 

CHAPTER 19 - SERVICES FOR TflE BLIND 

SLBCIIAI'TER I9G - \ OCATIONAL 
REIIABILIIATION 

SECTION .0500 - ECONOMIC NEED 

.0502 ECONOMIC NEEDS POLICIES 

(a) The sen'ices for the blind will establish 
economic need for each client cither simultane- 
ously with or within a reasonable time prior to 
the provision of those services for which the di- 
vision requires a needs test. 

(b) The division of services for the blind will 
furnish the following sen'ices not conditioned on 
economic need: 

(1) evaluation of rehabilitation potential (in- 
cluding diagnostic and related services); 

(2) counseling, guidance, and referral; 

(3) tuition and supplies for publicly operated 
sheltered workshops; 

(4) books and other training materials: 

(5) tuition and fees; 

(6) f4^ interpreter services for the deaf; 

(7) fi^ reader services: rehabilitation teaching 
scniccs, and orientation and mobihty ser- 
vices for the blind: 

(S) f6f recruitment and training ser\'ices to 
provide new employment opportunities in 
rchabihtation. health, welfare, public 
safety, law enforcement, and other appro- 
priate public service employment; 

C^) k^ placement in suitable employment; 



(10) (^ DSB Rehabilitation Center services 
including transportation and training sup- 
plies contingent on an individual's partic- 
ipation in the center program; 

(11) (4) extended evaluation ser%'ices; 

(12) f+O^ diagnostic transportation; 

(13) (-144 on the job training; 

( 14) (4-3^ equipment and initial stocks and 
supplies for state owned (Randolph- 
Sheppard) vending stands. 

(c) The following services will be provided by 
the Division of Services for the Blind and condi- 
tioned on economic need: 

(1) physical and mental restoration services 
(medical services other than diagnostic); 

(2) maintenance; 

(3) transportation, except where necessary in 
connection with determination of eligibil- 
ity or nature and scope of ser\'ices; 

(4) services to members of a handicapped 
individual's family necessary to the ad- 
justment or rehabilitation of the hand- 
icapped individual; 

(5) telecommunications, sensor)-, and other 
technological aids and devices; 

(6) post-employment services necessary to 
assist handicapped individuals to maintain 
suitable employment except for those ser- 
vices not conditioned on economic need 
listed in (b) of this Rule; 

(7) occupational licenses; 

(8) tools, equipment, and initial stocks (in- 
cluding hvestock) and supplies; and nec- 
essary shelters in connection with the 
foregoing items; 

(9) expenditures for short periods of medical 
care for acute conditions arising during the 
course of vocational rehabilitation, which, 
if not cared for, wHl constitute a hazard to 
the achievement of the vocational reha- 
bilitation objective; 

(4-0.^ booko aft4 othur training mat e rials; 

(44-^ tuition afi4 fooo; 

(10) f44) other goods and ser\'ices, not 
contraindicated by the act, which can rea- 
sonably be expected to benefit a hand- 
icapped indi\'idual in terms of his 
employability. 

(d) The Division of Services for the Blind will 
maintain a written standard for measuring the fi- 
nancid need of clients with respect to normal 
hving requirements and for determining their fi- 
nancial ability to meet the cost of necessary rc- 
habihtation services, and for determining the 
amount of agency supplementation required to 
procure the necessary services. 

(e) The policies will be reasonable and will be 
applied uniformly so that equitable treatment is 



NORTH CAROLINA REGISTER 



1067 



PROPOSED RULES 



accorded all handicapped indi\iduals in similar 
circumstances. 

Auihority G.S. III-2S; 34 C.F.R. 361.47. 

■k-k-k-k-k-k'k-k'k'k-k-k-k'k'k-k'k'k 



I\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Department of Human 
Resources Driision of Medical Assistance intends 
to amend rule(s) cited as 10 \'CAC 50A .0601: 
and adopt nde(s) cited as 10 SCAC 50 A .0602 - 
.0604. 

J he proposed effccti\-e date of this action is June 
1, 1990. 

1 he public hearing will be conducted at 1 :30 
p.m. on March 16. 1990 at Sorth Carolina Divi- 
sion of Medical Assistance, 19S5 L'mstead Drive, 
Room 201 , Raleigh, Sorth Carolina 2^603. 



Cc 



omment Procedures.' Written comments con- 
cerning these proposed nde changes must be sub- 
mitted by March 16, 1990. to: Division of Medical 
Assistance, 1985 L'mstead Dri\e, Raleigh, A'.C. 
27603, ATTS.: Bill Hottel, APA Coordinator. 
Oral comments may be presented at the hearing. 
In addition, a fiscal impact statement is available 
upon written request fro/n the same address. 

chaptkk 50 - mkdical assistance 

slbciiaitkr 50a - genf.ral program 
admimsiration 

section .0600 - correcting actions in 
medic.vid cases 

.0601 (;kneral 

(a) The county i*^ authoriz e d to correct prior 
action ' ' , tnkon whon: 

f-l-+ Aft a|iplicLiticui t^ approw ' d tof a p e r - ' ' On 

' ■ ' . ho 'i L ' incoiUL' e+«4 nOL'd 'i havo bjen con 

■ ' . idL'rod ift 1+i* ■■ poii '. e r . c(i ' ' .e tef cau -.e tlw 

cotlilication period ' ' , ei ihrt tJ«* cliLMit 'i te- 

coincidL ' : evf 
f4t A client pro' i iilL 'i ' i i i erirication ttet k*^ a*^ 

t4*4 charuL" . L'XCLk'Lk'd t+^e L" . tinuiti-'d Mud 

iciiro pa; . mi.'nt. t+f 
(-M Aft appeal docif . ion t» m favor ef tj^e cliont; 

e* 
f-H A court doci '^ ioii *-• m- ta' . or t4~ t4^ cli e nt: 

f>+ A cl ie nt authorii't?d fof tsvolvo months it?- 
ceis e^ ' i aft increase' ift inconi^> thrt^ caU '. ^T . 
tl+e cliL'iU tt* has e a d e ductibl e : ftf 



(4) 4-Jw county di j. co' . erLi it- made aft adminio 
trativ e error 4«i» te^ 
fAf Failure te *et- properly »ft infonnation 

r e c e iv e d: e* 
(-B^ Termination Bf denial rf ar . i . i '. tanco » 

error; e* 
fG) Incorrect determinaticm »f t4^ authori 
aation period t-vf e rroneou '. d*ta entP r : e+ 
(flj A mcmitorinii report ^' ho' . vf . a client wa* 
4tt* a penalty payment 4fte t++ d e lay ' ■ v ith 
»»t good cau^iC » completing aft applica 

f8-^ A quality control report indicater . o' le r 

r . tated client liability: e* 
f% i\ny other acticui deemed t*y t^ R e cipi e nt 
Sen ice ' j Section te fe>t» appropnato aft4 
v , ith good caui' . e. 
department of social ser\ices must correct prior 
actions accordinu to Rules .Ii6(l2 and .Ii6il3 in this 
Subchapter when it i^ disccnered that prior 
actions were in errt)r. or the recipient's circum- 
stances ha\e changed. 

(b) 4-fee time limit fep e ff e cting a correcti' ie 

action aft e r di '. co' . ery h4 tl+e need fef action i--^ 

f-1-^ SimultaneoU '. v . ith authon/.alion ef ati- 

oi ' -itance fof tl+e hnancially re '. pou ' jiblo 

npcni ' je »f a cli e nt ' . vho '.e certification pe- 

He4 mu ' 4 coincide: e* 

(-3->- t-f> to ninety day; , after authorization ur . ing 

t^ ei . timated M e dicar e payment: t+f 
(4-^ Within thirty day; , aft e r a r e port ef m- 
crea -. ed income t-- recei' . ed fef a client with 
a tvrel' i e mcmlh authorization period: eF 
f-H 4-f» te twelve month ' ; , immediately pfe- 
ceding the month ef di -. co' .e P t ef ae ad- 
mini 'i trati' i e error pros ide>.l the county 
complete . , , the correcli' i e action aft4 Fe- 
qu e?. t ft+f O' le rrid e ef the M e dicaid billing 
hmit ' i vilhin ^ . ixty day *, after th* di -. co' .e ry 
ef the error: ef 
^ Within tvre ' . veelc; . ft*f aU other corrective 
action! , unle; .!! tht» county ha^ g(H)d cauf .e . 
Good cau; .e i^ limited tef 
(A^ Need te ' l enfy oth e r condilioii 'i ef el- 

igibility afe met: ef 
fft+ ni 'i agreement l*y cc^unty with d e ci -. ion 
r e quiring correct is e action aft4 iigency ha^ 
reque -. t e d admini '. trati' i e res iev i ' by- Recip 
ieftt Senice . j Section ef ha* 61e4 a p e tition 
fef judicial res less ift the Superior Ccuirt: 
ef 
(-P+ hiability te locat e client ef h+^ re pre 
! . ent;itise. 
Information leading to corrections ma\ be re- 
pc^rted bv the recipient, medical pro\iders. state 
aizencies. or anv other source with knowled'.:e 
about the recipient s circumstances. 



l()6S 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Authoritv G.S. I08A-54; 42 C.F.R. 431.246; 42 
C.F.R. 435.9/6. 

.0602 CORRfXTIVE ACTIONS 

(a) Corrections in an applicant's or recipient's 
case must be made by the county department of 
social services when: 

( 1 ) /Vn individual was discouraged from filing 
an application; or 

(2) An appeal or court decision overturns an 
earlier adverse decision; or 

(3) The certification periods of fmancially re- 
sponsible persons need to be adjusted to 
coincide; or 

(4) Information received from any source is 
verified and is found to change the 
amount of the recipient's deductible, pa- 
tient liability, authorized period or other- 
wise affect the recipient's eligibility status; 
or 

(5) Additional medical bills or verified medical 
expenses establish an earlier Medicaid ef- 
fective date; or 

(6) The agency made an administrative error 
due to: 

(A) Assistance was terminated or denied in 
error; or 

(B) Failure to act properly on information 
received; or 

(C) Incorrect determination of the authori- 
zation period, Medicaid effective date, or 
erroneous data entr\'; or 

(7) Monitoring under "Alexander vs. Ilill" 
determines an application was pended 
without good cause and a penalty is due; 
or 

(8) Any other action deemed by the Medicaid 
niigibility Section to be appropriate and 
with good cause. 

(b) Corrections in an applicant's or recipient's 
case must be made by the Division of Medical 
Assistance when: 

(1) Verified information is received showing 
that a terminated case has errors in the 
Medicaid eligibility segments, Buy-In ef- 
fective date, eligible case members, CAP 
or HMO indicators and effective dates or 
other data that is causing vahd claims to 
deny; or 

(2) The county department of social services 
refuses to take required corrective actions; 
or 

(3) An audit report shows verified errors in the 

Medicaid eligibility history or recipient 
identification number. 

Authority G.S. IOSA-54; 42 C.F.R. 431.246; 42 
C.F.R. 435.904. 



.0603 TIME LIMITS FOR CORRECTIONS 

(a) The county department of social services 
and Division of Medical Assistance shall make 
necessary corrections promptly, but within 30 
days after discovery of the need for action unless 
good cause exists for failure to act timely. 

(b) Good cause is limited to: 

(1) Need to verify other conditions of eligi- 
bility before authorizing eligibihty; or 

(2) The county department of social services 
is unable to locate the applicant or recipi- 
ent; or 

(3) The county department of social services 
disagrees with a decision requiring correc- 
tive action and has requested administra- 
tive review by the Medicaid Eligibility 
Section; 

(c) To receive state and federal fmancial par- 
ticipation in any benefits authorized retroactively 
by corrective actions, the effective date of the 
correction must correspond with the date assist- 
ance would have been effective had the decision 
not been adverse or had the error not occurred, 
but may be no earlier than the following dates: 

(1) Retroactive to the date ordered by the 
appeal or court decision if all eligibility 
conditions are met, including any legal 
retroactive coverage period associated 
with the adverse action; or 

(2) If a reported change is beneficial to the 
recipient effective: 

(A) The first of the calendar month fol- 
lowing adequate notice; or 

(B) Retroactive to the beginning of the 
current certification period; or 

(C) Retroactive to the month within the 
current certification period in which the 
change occurred; or 

(D) Retroactive to the original date of ap- 
plication for denials based orf adoption of 
Title II or XVI decisions that have subse- 
quently been reversed; or 

(3) 1 he earliest date in the current certification 
period on which additional medical ex- 
penses are sufficient to meet the case 
deductible; or 

(4) For administrative errors up to 12 months 
immediately preceding the month the er- 
ror was discovered; or 

(5) Retroactive to the date of error for 
"Alexander vs. Hill" penalties. 

(d) If the change is adverse to the recipient, it 
must be effective with the first calendar month 
"following" expiration of the ten work day ad- 
vance notice period. 



NORTH CAROLINA REGISTER 



1069 



PROPOSED RULES 



Aulhorilv G.S. I08A-54; 42 C.I'.R. 431.246; 42 
C.F.R. 431.250; 42 C.F.R. 435.904. 

.0604 KKSI'ONSIIJIIJ rV FOK tKKORS 

(a) 'I'he Division of Medical Assistance shall 
he financially responsible for the erroneous issu- 
ance of benefits and Medicaid claims payments 
when: 

(1) Policy interpretations given by Division 
of Medical Assistance or its agents are er- 
roneous and that is the sole cause of any 
erroneous benefits or payments; or 

(2) Division of Information Systems oper- 
ations staff fail to manually remove 
Medicaid ID cards from outgoing mail 
subsct^ucnt to the county DSS's timely 
autliori/.ation of a termination or re- 
duction in benefits; or 

(3) A systems failure at the state computer 
center occurs on the last cutoff date of the 
month preventing the county DSS from 
data entering case tenninations or adverse 
actions; or 

(4) Any other faikire or error attributable 
solely to the state occurs. 

(b) The county department of social services 
shall be financially responsible tor the erroneous 
issuance of benefits and Medicaid claims pay- 
ments when it; 

(1) .Authorizes retroacti\e eligibility outside 
the dates permitted by regulations or Rule 
.0603 of this Subchapter; or 

(2) Fails to send recquired notices of patient 
liability or deductible balance to medical 
pro\iders; or 

(3) Fails to end-date special coverage indica- 
tors such as CAP, or HMO in the state 
eligibility ijifonnation system; or 

(4) I'nters an authonzation date in the eligi- 
bility system that is earlier than the deter- 
mined date of eligibility; or 

(5) Fails to detennine the availability of or 
fails to data enter third party resource in- 
formation in the state eligibility informa- 
tion system; or 

(6) Ferminates a case or indi\idual after the 
Medicaid ID card has been issued; or 

(7) Issues a county-typed Medicaid ID card 
that has erroneous dates of cligibilit\ ; or 

(S) Fails to initiate application for .Medicaid 
B coverage for recipients who are eligible, 
but refuse or are unable to apply for 
themselves; or 

{'■1) Takes an\' other action that requires pay- 
ment of Medicaid claims for an ineligible 
individual, for ineligible dates or in an 
amount that inchidcs a recipient's liability 



and for which the state cannot claim fed- 
eral participation, 
(c) The amounts to be charged back to the 
county department of social ser\ ices for errone- 
ous payments of claims shall be the state and 
federal shares of the erroneous payment, not to 
exceed the lesser of the amount of actual error 
or claims payment. 

Authoritv G.S. IOSA-54; 42 C.F.R. 433.32; 42 
C.F.R. 435.904. 



No 



otice is hereby gh'en in accordance with G.S. 
I50B-12 that the Department of Human Re- 
sources -- Division of Economic Opportunity in- 
tends to amend rule(s) cited as 10 \CAC 5/D 

.0107. 



Ti 



_ -le proposed effccli\'e date of this action is June 
I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on March 6. 1990 at Conference Room, Di- 
vision of Economic Opportunity, 24/3 Crabtrce 
Bh'd., Suite 119, Raleigh, \orth Carolina 27604. 

\^ omment Procedures: All interested persons 
are invited to attend. Comments may be submit- 
ted in writing or may be presented orally at the 
hearing. Oral presentations which exceed three 
minutes are requested to file a written copy with 
the hearing officer. Further details may be ob- 
tained by writing or calling: George C. Jones. 
Director. Division of Economic Opportunity. 2413 
Crabtree Bh-d., Suite 119, Raleigh. ' \orlh 
Carolina 27604. (919) 733-2633. 

CH.APTER 51 - IllMSION OF ECONOMIC 

oppoRii \nv 

SFBCII APTER 51D - COMMIMT^ ACTION 
P.\RrNERSIIII' PROCRAM 

SECTION .0100 - GENERAL PROMSIONS 

.0107 AFI.OCVnON OK FINDS 

(a) Ninety percent of the funds allocated under 
the Community Action Partnership Program w ill 
be used to make grants in fiscal year 1985 and in 
each subsequent fiscal \car to those community 
action agencies as defined in (a) and (d) of Rule 
.0105 of this Section and wliich are recertified as 
ehgiblc agencies each year by the division. The 
amount of funds allocated to each eligible com- 
munity action aeencv shall be based on the fol- 



1070 



NORTH CAROLINA REGLSTER 



PROPOSED RULES 



lowing method of distribution: Funds shall be 
allocated based on the ratio (percentage) of per- 
sons in poverty in the county (counties) served 
by the eligible agency compared to the number 
of persons in poverty in the total area (counties) 
served by all eligible agencies. Person in poverty 
is defmed as those persons who fall below the 
official poverty guidelines as established annually 
by the U.S. Office of Management and Budget. 

(b) Ten percent of the funds allocated under 
the Community Action Partnership Program will 
be used to make grants in fiscal year 1985 and 
each subsequent fiscal year to those limited pur- 
pose agencies which are recertified as eligible 
agencies each fiscal year by the division. The 
division shall allot to each eligible limited pur- 
pose agency an equal amount of funds. For the 
purpose of this Rule, limited purpose agencies 
shall include agencies as defmed in (2) and (3) of 
Rule .0104 of tliis Section. 

(c) Fligible agencies will not be allowed to carry 
forward unobligated funds at the end of a grant 
agreement to the succeeding grant agreement. 
All unobligated funds must be returned to the 
division within 60 days after the termination date 
of the grant agreement. 

(d) Supplemental State Appropriations. The 
preceding Paragraphs of tlus rule do not apph' to 
the allocation of supplemental appropriations 
made to the Division by the State of North 
Carolina including but not limited to the appro- 
priation made m Section 47 of Senate BiU 1042 
of the 1989 Session of the Cjcneral Assembly. 
Such allocations to eligible applicants for eligible 
activities will be made bv the Di\ision in a man- 
ner consistent with state guidelines and condi- 

51 B 



tions contained 



in Subchapter 51 B of this 
Fhe Division shall determine the 



Chapter. The 
number of grants awarded and the manner in 
\\ hich grantees arc selected based upon the 
amount of the allocation and the intent of the 
applicable legislation and regulations. 



Staiutoiy Aulhoritv 
I43B-I0. 



G.S. II3-2S.2I. et. seq; 



THLE 11 - DKPARTMENT OF 
rSSLR.ANCE 



I\o(icc is hereby given in accordance with G.S. 
I SOB- 1 2 thai the N.C. Department of [n.uirance 
intends to amend rideis) cited as 1 1 i\CAC S 
.0905. 



1 he public hearing will be conducted at S:30 
a.m. on March 6, 1990 at Manufactured Housing 
Board, 4/0 Boylan Avenue, Raleigh, N.C. 27611. 



Co 



Th 



he proposed effective date of this action is June 
I. 1990. 



'Omment Procedures: Written comments may 
be sent to Owen Tharrington. c/o Manufactured 
Housing Board, P.O. Box 263S7, Raleigh, N.C. 
2761 1. Oral presentations may be made at the 
public hearing. Anyone having questions should 
call Ov.'cn Tharrington at ( 919 J 733-3901 or Ellen 
Sprenkel at (919) 733-4700. 

CH.APTER 8 - ENGINEERING AND BLILDING 
CODES 

SECTION .0900 - MANLFACTLRED HOUSING 
BOARD 

.0905 LICENSING 

(a) Any person employed by a dealer whose 
occupational activity is that of selling on behalf 
of the retail dealership shall be licensed as a 
salesperson. Each salesperson's license shall be 
conspicuously displayed at all times by the dcal- 
erslup employing the salesperson. 

(b) A manufactured housing salesperson may 
be allowed to engage in business during the time 
period after making application for a License but 
before such license is granted. 

(c) The following shall not be required to be 
licensed as a manufactured housing dealer: 

(1) Receivers, trustees, administrators, execu- 
tors, guardians or other persons appointed 
by or acting under the judgment or order 
of any court; 

(2) Public officials while performing their of- 
ficial duties; 

(3) Persons disposing of manufactured homes 
acquired for their own use, pro\ided that 
said home is not used for the purpose of 
avoiding the provisions of G.S. 143-143.9; 

(4) Licensed real estate salesmen or brokers 
who negotiate or sell a manufactured 
home for any individual who is the owner 
of not more than three manufactured 
homes; 

(5) Banks and finance companies who sell re- 
possessed manufactured homes who do 
not maintain a sales lot or building with 
one or more employed retail salespersons. 

(d) Licenses shall be issued by the board 
whenever the application is Ln compliance with 
the applicable laws and regulations. Such license 
shall entitle the licensee to conduct the specified 
business for a period of one year from date of is- 
suance or the first day of July, whichever is ear- 
lier. The board may, if it deems neccssar)', cause 
an investigation to be made to ascertain if all the 



NORTH CAROLINA REGISTER 



1071 



PROPOSED RULES 



requirements set forth in the apphcation arc true 
and shall not issue a license to the applicant until 
it is satisfied as to the accuracy of the application. 

(e) Manufactured housing manufacturers, 
dealers, and set-up contractors shall conspicu- 
ously display their licenses at all times at their 
place of business. 

(f) Whenever a bond is required by G.S. 
143-143.12, before any license shall be issued by 
the board, the applicant shall deliver to the board 
a corporate surety bond, cash bond or fi.xed value 
equi\alent. The bond shall be to the board and 
in favor of any person who shall suffer any loss 
as a result of any violation of the law or admin- 
istrative rules go\emJLng manufactured housing. 
The bond shah be for the License period and a 
new bond or proper continuation certificate shall 
be delivered to the board at the beginning of each 
license period. The bond for one t) pe of license 
may not be considered as the bond for another 
t>"pe of hcense. 

(g) 1 icense fees are as follows: 

"(1) Hv** hundred filW dollar -. (^250. 00) three 
hundred dollars ($3()l).l)0) per Certificate 
ot Origin plant tor manufactured housing 
manufacturers: 

(2) ♦*«<? hundrud dollarc (Si 00.00) three hun- 

dred dollars (S3n(i.0O) per county of oper- 
ation tor manulactured housing dealers; 

(3) fifty dollan . (S5(UI0) three hundred dollars 

(?30n.OO) per county tor supplemental 
manufactured housing dealer locations; 

(4) twc ^ nly fivt ' dolUip . (S2.'i.OO) three hundred 

dollars ($300.0(1) for retail manulactured 
housing salespersons: and 

f^ f i s e nly fivo dollar -. (S2.s. i lO) fi+f manufao 
tured hou 'i ing ri. ' pri." i L'ntati'rL": . ; aft4 

(-^4 (5) WW. hundr e d dolUip . (SIOO.OO) three 
hundred dollars (1>300.0()) per business lo- 
cation for set-up contractors. 

Staiutoiy Authority G.S. 143-143.10: 143-143.11. 

TI ILi: 15A - DIPAR IMENT OF 

KN\ IRONMKM, HKAI HI. AM) 

NAll RAL RtSOl RCtS 



Ground Floor Hearing Room, 5/2 A'. Salisbury 
Street, Raleigh. \C 276//. 



No 



oticc is hereby given in accordance with G.S. 
150B-/2 that the [division of Enxiromnental Man- 
a-icment intends to amend nde(sj cited as /5A 
SCAC 2F .0/0/ - .0/05. 



Tk 



lie proposed e/'fectiw dale o/ this action is July 
/. 1990. 

1 he public hearing will be conducted at 2:00 
p.m. on March 6, 19')0 at .irchdale Building. 



Co 



■ omment Procedures: A ny person or organiza- 
tion desiring to m.ake oral comments at t/ie hear- 
ing should register to do so at the hearing. 
Statements will be limited to /O minutes, and one 
typewritten copy of any such statement should be 
submitted to the panel conducting the hearing. 
Any additional comments on the rules should be 
forwarded to the Division of Emironmental Man- 
agement by March 13. /990. Contact: Coy M. 
Batten. Division of Environmental Management. 
EHSR. P.O. Box 27687, Ralerih, NC 276/1 
(9/9) 733-6900. 

CII.VPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SI BCHAPTEK 2F - CONSTKLCTION I 0.\NS 

SECTION .0100 - FEDERAL. STATE 
RE\ OL\ ING FUND PRIORITY 

.0101 PLRPOSE OF THESE REGLLAIIONS 

The following criteria shall serve as the basis for 
determining the priorit}- assigned each eligible 
wastewater treatment works project and for se- 
lecting projects from the priority list for grants 
kxan funding under 1 itle 44- VI of the Federal 
Water Pollution Control Act .Amendments of 
+ii;a a«4 4ii;L7, 1987. 



Statutory Authority G.S. 
/59G-5(c). 



/43-2/5.3(a)(4); 



.0102 GENER.VL CRITERIA 

(a) A priority hsting of projects eUgible for 
construction grcuit loan funding will be estab- 
lished in the descendmg order of the sum of the 
points awarded under Regulation .0103 of this 
Section, withm each of the categories listed in 
Subdivision (b) of this Regulation. 1 he project 
under consideration will be awarded the number 
of points assigned to a subdivision or item of a 
subdivision of Regulation .0103 of this Section 
which spccificaUy apph' to that project. Priority 
values will be assigned to projects on a scale of 
zero to 100. 

(b) Projects will be certified for construction 
grant loan funding during a particular fiscal year 
depending on their importance and ranking on 
the priority list within the separate categories 
Listed below. I he total funds a\ailable determine 
the extent of the priority Ust. Projects in Cate- 
gop,' 1 will generally be funded before those in 
CategoPv 2, and those in Category 2 will gener- 
ally he funded before those in Category 3. rtH4 
M-k foilh. 



ur 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Categories: 

(1) projects which are required to meet water 
quahty standards and which must comply 
with enforceable provisions of the law 
(e.g., treatment works, and associated im- 
provements including solutions to 
infdtration intfow problems), or facilities 
identified in the .Municipal C'ompliance 
Initiatives evaluation which are necessary 
to maintain compliance: 

(2) projects which are needed to meet water 
quality standards and to correct demon- 
strated local pubhc health problems, e.g., 
treatment works, interceptors, and col- 
lection systems to eliminate septic tank 
systems in areas where there is a public 
health hazard or demonstrated water pol- 
lution problems; 

(3) projects which are needed to pro\'ide 
wastewater treatment plants and/or 
interceptors for normal groulh and ex- 
pansion of communities. 

f4-)- proJL ' ct ' i ' ■ ' ■ hich ctft^ nL ' L ' doJ k+ pnn iJo ft+f 
i. ' )ipun ! iion t4 collc ' cticm '. Vi i toin ' i and or 
i ' Cparation t+f ccmibincd r . owL'r ' j. 

(c) /Vfter applsing the pro\isions of Subd- 
ivisions (a) and (b) of this Regulation, the Com- 
mission will exercise its discretionar\' authority in 
estabUshmg priority for funding of projects when 
two or more projects receive the same number 
of points or when projects are located in critical 
areas designated by the Commission. 

fd-} Proj e ct ;, ' . vhich rc ' c e isc » str^ -H Hf '4tip 4-14 
grant wi » pr e ceding fi '^ cal vear w+H- b«^ rL ' taincd 
e» t4+e priority 1+^ w+H bt» L" i iiluated i+H4 giv e n 
sp e cial con '. iduration during i . uccu^ '. i' i e fi '. cal 
years until the j. L ' SSL'ragL ' ; . yr ' tem improvement 
need fof Vrhich t+H» initial grant w«»i made » 
funded. 

(d) f(*f Projects which are assigned prionty for 

a . ♦ . ■ »^ I I I III /^ T- . ■f-y fr-\ l~n «T ' ■ t i .-^ »i .-i f . J • \r^ .• \ . \ r t . t . I . . «-■ ■ 1 

; ' l V C T Ty ITT I FT \J 1 CTTTTTTTnTTTTT^TTT \J 1 — ' H- I,' ^I H ' 1 rCrCTCTOT 

grants loan shall be of such scope as to provide 
adequate treatment to meet effluent limitations 
and water quality standards applicable to receiv- 
ing waters, and will be compnsed of wastewater 
collection systems, wastewater treatment works 
systems or operable segments of such systems. 

(e) (-f} The discharge inventory will be compiled 
based on conditions existing prior to and until 
January 1 of that year, and the priority Ust will 
be compiled based on conditions existing or in- 
formation submitted prior to February 1 of each 
year. 

fg4- Projects certified fo+ pnority und e r (4*e 
t'ederal Water Pollution Control A*4- jVmend 
m e nt '. ^f l'i72 afni l' i 77 mu '. t hase bw 6lt» Ae 
required inlormation cm4 doiument ii l*¥ j\pnl -t^ 
si the same fiscal vt»f m- which the fuiuf i rue »1- 



located k» the r i tatc. Federal grant funds assign e d 
te projooto ' . ' ■ hich have ftet ftle4 ali requir e d dee- 
uments by j\pril +st »f the fiscal yeaf will he 
subject to reassignment to oth e r proj e cts b e ing 
considered fof funding. 

(1} fh^ Project apphcations filed with the Com- 
mission on or before March 4- 3]_ of each year 
will be considered for priority. Any such apph- 
cations which are not certified for priority will 
be reviewed annually and, if determined neces- 
sary, wiU be returned to the applicant for re- 
visions. /Vny apphcation returned to the 
applicant may be revised and resubmitted to the 
Commission for consideration of priority the 
succeeding fiscal year. 

(H 1 ach year, at the tim e ef certifying projects 
fof funding, the Commis '. ion w+tt establish, from 
the '. tal e 's allocation, * contingency fund to a«?- 
commodate jnoject eo^rt o' ^ en'uns. 

(g) fj) Pubhc hearing(s) will be held on the pri- 
ority a«4 propos e d funding li '. ts. list and In- 
tended I'se Plan. The priority aftd funding h*te 
list and Intended I'se Plan proposed for public 
hearing wiU be re\iewed and approved by the 
Environmental .Management Commission or its 
successor. The final funding priority hst and In- 
tended I'se Plan for each fiscal year will be ap- 
proved by the Commission. 

fk) rVot more them i^ percent of the funds al- 
locat e d to the state » any gii i en year may he u ;. ed 
to fund projects ' I ' l hich cannot be ju !. tifiod tw 
n e c e s; . ar> ' to meet e nforc e able pro' i i '. ioiT . of the 
kiVr ift the following needi i categories . : 

(4-^ i . e' . ver ;. ; . stem r e placem e nt of major r e ha 

hilitation. 
(4f ne' . ' . ' collection servers aft4 appurt e nanc e s, 
(4-)- ftew interceptors a+»4 appuilenimce '. . 
(4^ correction of comb i ned s e ' i S'er o' . erfiow. 

f4f -i-^of collection se' i ' i er projects, ' I ' l here the 
population d e nsity V i ithin the collection '. v stem 
ttfea Hi le^ than 4t^ persons pef aefe (one house 
hold pef two acr e s'), coll e ction sewor projects 
shall be considered ineligible unless » severe pol- 
lution Of public health iToblem i^ specifically 
documented. 

ih) I iflccn percent of tfie funds available each 
year for State Revohing I und projects shall he 
reserved tor small un sewered communities with 
a population of 3.500 or less. If all the funds 
cannot be used b\ small, unsewered communi- 



ties, the rescr\ed tunds ma\ be approved tor 
lanzer communities. 

(_i| ffftf Notwithstanding other provisions relat- 
ing to the assignment of priority point values for 
various categorical elements and items, the Envi- 
ronmental Management Commission may award 
a higher priority value to an eligible application 
if the proposed project is required to insure the 



NORTH CAROLINA RE(,ISTER 



i(r3 



PROPOSED RULES 



commitment of ;illoi:ated funds required to be 
rescr\ed by the federal regulations, i.e., reser\'e for 
inno\ati\e and altemati\'e technology project 
grant increcu .e increases and reser\e for ult e matis e 
r . yr . t e ms fof small communities. The priority 
point \alues awarded should be the minimum 
required to assure the project is included in the 
fundable portion of the list. 

(i) f«4 Ihese regulations will govern allocation 
of federal grant loan funds for fiscal year l'^70 
1^)^(1 and succeeding years. Any modifications 
shall be appro\ed by the Commission. A public 
hcaring(s) will be held before the Commission 
approves substantial modifications. 



Statutory 
l59G-5(c). 



Authority G.S. 143-21 5 (a) (4); 



.0103 BASIS FOR PRIORITY 

(a) \\'aste\vater Treatment Plants: 
(1) Discharge In\entory and Priority Factors 
(Ma.ximum \'alue -- 50 Points) 

(.•\) The number of points assigned under 
Subdivision (a) of this Rule will be deter- 
mined from the discharge Ln\'entor>' rating 
assigned the project. 

(B) The discharge inventoPi' rating for each 
project is computed as follows: 
Discharge In\cntory Rating = S x A .\ B 
where: 

S is the rating number for the sub-basin 
in which the project is located and is 
computed byS = a + b-i-c-i-d where: 
a = I'he ratio of waste discharge \olume 
to the 10-year 7-day low flow originating 
in the sub-basin. 

b = The relati\e population in the sub- 
basin. 

c = I'he severity of water quality degra- 
dation as reflected by dissohed oxygen 
depletion, pH and organic pollution load 
carried by streams in the sub-basin utiliz- 
ing the state's entire data base from 1968 
to the present. 

d = .A field correction factor to the se- 
\erity of degradation factor for the pur- 
pose of correction in instances where 
water quality has been impro\'ed during 
the period of the data base, for recognition 
of water qualit_\' problems not considered 
in the data base search, and for the pur- 
pose of compensation to reflect relati\'ely 
whether degradation occurred infre- 
quently, or at an isolated point, or 
whether the degradation apphed to a 
larger number of points in the sub-basin. 
.-\ and B for Point Source Discharaes: 



A = A discharge volume factor repres- 
enting the volume magnitude of the dis- 
charge as foUows: 
Design Capacity of Treatment \\'orks* 
^Mad 



0.010 
0.050 
0.100 
0.200 
0.500 
1.500 
5.000 
15.000 
50.000 



0.009 
0.049 
0.099 
0.199 
0.499 
1.499 
4.999 
14.999 
49.999 



Factor 



0.2 

0.4 

0.6 

0.8 

1.0 

1.4 

1.6 

1.8 

2.0 
* Design capacity of treatment works will refer 
to said capacity of existing treatment plants 
if no engineenng report or facility plan indi- 
cating additional needs has been approved. 
In cases where an appro\'ed facility plan in- 
dicates a new facility will replace one or 
more existing facilities, then only the facili- 
ties wliich are proposed to be constructed 
or remain in existence wiU be rated in the 
in\entory. Facilities proposed to be aban- 
doned wiU be included in the inventory but 
will not be rated. Factor B for each pro- 
posed facility w iU be determined by averag- 
ing the treatment need factors weighted by 
the discharge volume of each of the facilities 
to be abandoned. In cases where wastes are 
discharged without treatment, the discharge 
volume shall be determined on the basis of 
an estimate of the average daily \olume of 
untreated wastes discharged. 
B = A treatment need factor which relates to the 
adequacy of existing treatment facilities and is 
detennined as follows: 



FXISTING 
F AC IF FIT 
PROVIDFS 



UPGRADING 

NEED 

IS 



AND 



PrimaPi' 



1/ 



Secondary' 



ur4 



SORTH CAROLISA REGISTER 



PROPOSED RULES 



or Less 




Tertiary 
Advanced 


Secondary 


2/ 


None 
Modify 
Tertiary 
Advanced 


Tertiary 


3/ 


None 

Modify 

Advanced 


Advanced 


4/ 


None 
Modify 



POINTS ASSIGNED WITH 
RESPECT TO EITHER 



UPGRADING 
ONLY 



UPGRADING 

AND 

OR EXPANSION 



L5 
2.0 
2.5 
0.5 
LO 
L5 
2.0 
0.5 
LO 
L5 
0.5 
LO 



2.0 
2.5 
3.0 
LO 
L5 
2.0 
2.5 
LO 
L5 
2.0 
LO 
L5 



Upgrading and expansion needs wiU be as- 
certained from basin plans, approved engi- 
neering reports or facility plans, or in the 
absence of such plans will be based on 
judgement of the staff. For the purpose of 
these regulations, a wastewater treatment 
works need wUI be deemed to have been 
satisfied at such time as contracts for the 
needed works are executed, '['his factor in- 
dicates the difference between the treatment 
presently provided and the treatment needed 
to comply with regulations or water quality 
standards, and is therefore, indicative of the 
se\cnty of the pollution problem at a par- 
ticular discharge. 
Note: 

1/ Primary treatment or less will include 
raw sewage discharges, screened and/ or 
settled sewage discharges and biological 
treatment which does not include fmal 
clarification except that naturally aerated 
waste stabilization lagoons will be consid- 
ered secondar)' treatment. 
2/ Secondary treatment means biological 
treatment followed by clarification, but 
includes waste stabilization lagoons. 



3/ Tertiary treatment means treatment for 
the removal of fine suspended solids from 
secondary facility effluents. 
4/ Advanced treatment means the employ- 
ment of an additional process or processes 
for the removal of nitrogen, phosphorus, 
carbon or other pollutants from 
wastewaters which ha\e received tertiary 
treatment. 
A and B for Discharges to Groundwater in 
Unsewered Areas: 

A = A factor representing the magnitude 
or potential magnitude of the problem = 
X _t_ V ^ z and where x = a problem 

3" 
solution approach factor which relates to the 
likelihood of success of constructed facilities 
in protecting water quality or abating po- 
tential health hazards as follows: 
Within any fcicihty planning ef larger ar e a, 
community where adequate waste treatment 
wtii bt^ prosidL ' d bv » L i ingk ' authority, by 
cooporati' i c arrangomcnt ' ; . among communi 
ti<i**T ef b¥ joint wa ' U e tiL'atmonl maniigL' 
mont by communili e r . . is currently 

a\ailable. Factor: 1.0 

^l-h*» C(.)mmunity ttr acting aloiiL ' rt«4 wa ' . i t e 
treatment managumunt m+4 i i L" . ' i L'r r . L ' P i ici. ' is 
intt ' ndL ' d only fof »h4 bv t4*t» conimunitv. 
Factor: (m ' 

Adequate wastewater treatment is not cur- 
rently available and must be pro\ided for the 



propo? 



ed sewer system. Factor: 0.5 



y = A factor relating population density of 
the community to the use and character of 
surt'ace waters which would receive directly 
the overland runoff and groundwater from 
existing disposal systems. (Estimates by the 
stalf of peak population density will be used 
for communities which are subject to signif- 
icant population variance.) 

Population Density 



Population/sq. mi. 






- 499 


500 


- 999 


1000 


- 1499 


1500 


- 1999 


2000 


Lir more 




Factor 


Class c 


f Potential Receiving 




Surface Waters 



SA 



rVH- 



B-SB 



c-sc 



NORTH CAROLINA REGISTER 



10" 5 



PROPOSED RULES 



WSII-WSIII C - "I'rout 



0.25 
1.00 
1.50 

1.75 
2.00 



U.liJ 
0.25 
1.00 
1.50 
1.75 



0.075 
0.100 
0.250 
1.000 
1.500 



0.025 
0.075 
0.100 
0.250 

1.000 



z = .V factor relating to the adequacy of 
existing disposal methods and is an estimate 
of the ratio of pri\"ies and malfunctioning 
individual sewage disposal systems to the 
total number of individual disposal systems 
in the area or in cases where this measure is 
not applicable, a value ranging from zero to 
one reflecting potential problems associated 
with continued use of indi\idual sewage dis- 
posal s\'5tems. 

B = A treatment need factor calculated in 
the same manner as for point source dis- 
charges. 

(C) The discharge in\'entor\' rating for each 
project will be di\ided by a common fac- 
tor to be determined each fiscal year by 
the following method: 
The highest discharge rating assigned to a 
project for the fiscal year will be di\ ided by 
a factor such that the result will ec]ual to 50. 
This factor will he used to divide the dis- 
charge inventory ratings for all other projects 
considered durins the same fiscal \ear. 
EX.WIPLT: ^ 

I ligliest discharge rating = 2400 
f = factor 

2400 = 50 f = 24110 = 48 
f 5i I 
(2) Stream Classification (.Maximum \'alue 
10 Points) (Select One). The pro- 
posed project will comply with established 
water quality standards and priority points 
will be awarded on the basis of the classi- 
fication assigned the waters primarily af- 
fected as follows: 

(A) Class "S.A'' (shellfish waters) 10 

(B) Class ::AH^ -WS-H" or -WS-Iir' 
(water supply source) S 

(C) Class "B" or "SB" (bathinsz waters) e^f 
"C- Trout • \ ." 6 

(D) Class "C" or -SC" (fishing) 4 

(3j Nutrient Requirement for Treatment Fa- 
cilities — (Maximum Value 10 

Points). The existing wastewater treat- 
ment facility is required by permit to add 
units for the removal of nutrients from its 
effluent 10 

(4) Compliance Schedule (Maximum Value 

10 Points). The applicant has been 

issued a waste discharge appro\"al docu- 
ment which contains a compliance sched- 



ule pro\'iding for construction to be 
initiated on or before the beginning of the 
ne.xt fiscal year or a condition restricting 
new connections 10 

(5) Regional S\"stem (Maximum Value 

^ 5 Points) S«» ©f Items trM ^ (4^ »f 
t+rt^ Subdi' i i ' jion 

(-A-^ A fea4 agL ' ncy ef regional management 
authority has been established within the 
facility pL'tnning area. ■& 

(^ iVr e a v . hich t4w grant applicant i-. f<^ 
F . ponf i ibl e fof providing troatmont work '. : 
{¥f \d^ than 33" n ef facility planning afeb 
(-ii4 3 3 " n k* ^t^^^-^ bI-" facility planning aroii 
(4«-f moi'L ' than 67" „ ewf iacility planning 
afea § 

(-G4 Numbor e4 incoqioratL'd citio '. . to' i i i no 
i*F ' l illagL -' : . ■' L ' P . L ' d W applicant: 

(4-f 3 ef 1^** -I- 

Oh * : ri 

(4h-)- 4 t*f morij ^ 

f©^ PopuliitiLMi ■ .' . er . L ' d W applicant: 

(++ l^^-i tfertft lO.nuO 4- 

(4^ 10.000 k* 5o.i; i oo i 

(4»^ moTL ' thrtft 50.O II -ii 

(6) financial Need of .Applicant (Maximum 

\':ilue 15 Points). I he financial 

need ot t]ie applicant will be determined 
bv the lollQwinij formula: 

150 (loial [jonded Indebtedness 
Points =plus 1 otal Istunaled i'ro|ect Cost 

1 otal .\ppraised l'ropert\ X'aluation 
"Total bonded indebtedness" includes aU 
outstanding bonds as of the first da\' of the 
quarter in which the project application is 
eligible for consideration tor the assignment 
of a pnontv but shall not include bonds al- 
rcad\' authonzed or sold to finance the pro- 
posed proiect. 

• '1 otal appraised property \aluation" reters 
onl\' to real prc^pertx" \aluation based on the 
most recent appr:nsal lor tax purposes as 
officiallv recorded in the count\' or counties 
in which the ser\ice area of the proposed 
prc^ject 12 to be located. 

150 IS used in the lonnula to pro\ide point 
\ allies for this cateizoncal element. 
(bj Interceptors and Collection Sewers 
(1) Discharge In\entor\^ and Project Priority 

F-actors -(Maximum \'alue 50 

Points). The number of points assigned 
under Subdi'.ision (b)(1) of this Rule will 
be determined from the discharge inven- 
tor." rating assigned the project as deter- 
mined in .0103ra)(l)(C) of this Rule and 
multiplied by the following project prior- 
it\' factors: 



10-6 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



(A) A project priority factor of one will be 
used for interceptors required to meet 
water quality standards and which must 
comply with enforceable provisions of the 
law (eliminate existing discharge). 

(B) A project priority factor of 
three — fourths wiU be used for 
interceptors aft4 collijction byutomo to 
eliminate septic tank systems in areas 
where there is a public health hazard or 
demonstrated water pollution problems. 

(C) A project priority factor of one — half 
will be used for interceptors needed to 
provide for normal growlh and expansion 
of communities. 

fftl A prc^JL ' ct priority factor ef out ' — fourth 
wtH- tn* uiic'd fof oxpun i' ion *4 ^a 'l tu' i S'atur 
collection >. y !' t e ms and or r . oparation »f 
combint ' d ■.e svers. 

(2) Public Need (select one) (Maximum Value 

2(1 Points). 

(A) Proposed sewer will eliminate a 
wastewater treatment plant or other dis- 
charge 20 

(B) Proposed sewer will eliminate one or 
more pump stations 15 

(C) Proposed sewer will serve an area pres- 
ently unsewered 10 

(3) Capacity Need (select one) (Maximum 
Value 5 Points). 

(A) The proposed sewer is needed to par- 
allel or replace an existing sewer which 
does not have the capacity to handle the 
present flow 5 

(B) The proposed sewer is needed to par- 
aUel or replace an existing sewer which 
does not have the capacity to handle the 
20 year design flow 2 

(4) Public Health Need (Maximum Value 
- - 10 Points). 

(/\) Project will eliminate a documented 
public health hazard 5 

(B) I'roject will eliminate a documented 

water pollution problem 5 

Notwithstanding other provisions relating to the 
assignment of priority point values for various 
categorical elements and items, the Hnviron- 
mental Management Commission may award a 
high priority value to an eligible application if the 
proposed project is required to eliminate a dem- 
onstrated or critical hazard in a low 
income — high density area. 

(5) Ser\'icc Area Need (Maximum Value 

15 Pomts). 
(A) Soils Limitation (select one) 

Using the most recent soil survey maps 
available, the limitation for septic tank use 
associated with the major soil classifica- 



tion in the proposed service area will be 
used to determine the priority as follows: 

(i) SUght 3 

(ii) Moderate 5 

(iii) Severe or very severe 7 

(B) Population Density (select one) 

Using the population densities presented 
in the 201 Facilities Plan, the priority for 
population density in each proposed 
project area will be determined as follows: 
(i) L.ess than seven persons per acre .... 4 
(ii) Seven persons per acre or more 8 

Statutory Authority G.S. 143- 215.3(a)(4); 
1590 -'5(c). 

.0104 DEFIMTIONS 

Unless the context otherwise requires, the fol- 
lowing terms used in these regulations are defined 
as foUows: 

(1) "Appro\'al document" means a temporary' 
permit, permit, consent order, or assurance 
of voluntary' compliance issued by the 
Commission or a national pollutant dis- 
charge elimination system permit issued by 
the En\ironmental Protection Agency or the 
Director, Di\ision of Fnvironmental Man- 
agement. 

(2) "En\ironmental .Management Commis- 
sion" or "commission" has the same mean- 
ing as in 1 NCAC 22 .0102(2). 

(3) "I'acility planning arL'a" mL'unr . t4*# ar i^ a ei- 
\knHi- tL ' ntati' i 'i'ly Hf formally d e lin e at e d by t+M* 
Director, Di' i ir . ion tvf Imt i ironmental Man 
ugcmL'nt, purr . uant te- Suction 304- ^ At* 
rodural Wat e r Pc^llution Control Aet- 
vVmL'ndmontr . t*f \'^12 im4 l' J 77. -ht t4te *?*»«» 
»f non — oimplex planning arL > ;t!i ftH4- di. ' linL ' 
ated, tbe planning »«»« includL ' o (4w4 afe» 
' i S ithin t+i«» corporate boundaP i " ©f A** trntt- 
(-vf gos'L'rnmL'nt plu ' i rtfw grovslh areas ef pe- 
tontial grcHi i lh ar e as h* proximity to- t4M» t*«- 
isting boundaPr. "Facilitv Plan" means 
those necessarv plans and studies which di- 

le constniction of 



rectly relate U) tl 

wastewater treatment works 



(4) 



"bunding 1+^ moan '. «• li '. ting »f tho ' io 
project I i s e l e ct e d from t4%*^ priority l+*4 ' . vhich 
tfee Commio ' . ' ion v414 ceilify fof fed e ral con 
struotion grant funding during » particular 
fiT ' Cal y e ar. "Intended I se Plan" means an 
annual plan to identify' the proposed uses of 
the amounts available ni the State Revohing 
bund. 



(5) "1 e ad ag e ncy" meanr . & nmt- ef go' i ornmL'nt 
which h»i been de 'i ignuted by formal r e'. ol 
ution f4" t+H:' go>erning body evf rtU other 
units ef govormnont ' ■ vitliin tt facility plan 



NORTH CAROLINA RECLSTER 



107 



PROPOSED RULES 



ning Hf hiruL ' r ua ' a k* Ciirry B+t4- racililv plan 
ninu i+t- Ae t^T+Nt' t4 ^+ef* -t unint '. h+ U* carry 
H++4- t+H* (ip e ration rt«4 mainlonunLL ' t4 »H 
publicly own e d VfCf i t e wat e r tri. ' atinont vvorku 
' i silhin At» e ntir e facility planning awa fof 
s4t»f* -H- »f >4e{* -144 grant L ' . "Municipal 
("ompliance initiati\ cs" means a diagnosti c 
program to prc\'cnt non — compliance with 
water qualit\' standards. 
(4*^ "Population ■■e i' te d ' m e anv population ef 
it H+++4- rt+' gowrnmcnt according k+ Ae lalo '. t 
locloral cc ' n '. U '. m tho '^ L ' ca ;. es » V i hich c e n -. U '. 
inlormation t+*f t4+e *+ftrt t-. ti' i ailablc (w y+e 
o^ . limatL'd pojiulation f i or' . ijd fe>y- t4*e treat 
mc ' nt facility fof lho ;.e unit ' j ef go' i cmmL ' nt 
fo+ ' I ' l hich rL ' i.li. ' riil cc'n '. UL . information i^ H<r4 
available. 

(6) f?4 "Priority list" means a listing in de- 
scending order of the total number of points 
assigned under Regulations .0103(a) and 
.0103(b) of this Section to each project in 
the state: 

(a) which has a discharge in\enton rating 
\ alue of 250 or more, or 

(b) for which an application is tiled within the 
period pro\ ided by these regulations, or 

(c) tor which an approval document has been 
issued and which pro\ides for the initi- 
ation of construction of a treatment works 
improvement on or before the beginning 
of the next fiscal year, or 

(d| at which the e.\.isting degree of treatment 
provided is priman' or less. 

(7) fJvf "Regional management authority" 
means a unit of government wliich has ju- 
risdiction for providing the wastewater 
treatment works for three or more units of 
government. 

(S) "State {^evolving F'und" means a fund au- 
thorized bv I itle \'l of the 1 ederal Clean 
Water Act .\niendments of 19X7 for the 
purpose of providin'i assistance for water 
pollution control activities. 

fU-^ "I nit t-4- go' i einm e nl" m e an -, rtm- incor 
pttialad city . tov , n (^ villiiga. county, ■' iiiii 



di -' trict. niL ' tiopolitan ' jcv , orcige di -. tiict, 
! . ess cr di ;. tnct. -.e vs e r authtnity. L ' pccial pw^ 
po -.e di 'i trict. oth e r nmnicipality. t+f fmy 
agL'ncy. b>'ai\l. comini ' " . ion. dopailnunil t-vf 
political '' ubdiv i"ion t-vf public corporation 
t4 t-ht^ ■' lute ' , now B+ herealtcr created tw e^ 
tabli '. hod. L ' miiov i c'rijd k+ pre) vid e wiuit e ' . sat e r 
collection i^ y -' louT . e+ wa -. tewator treiitm e nt 
worko. 

(9) I-44J4 "Wastewater collection svstem" has the 
same meaning as in 1 NC.\C'22 .0102(20). 

( 10) f-l-H "Wastewater treatment works" has the 
same meaning as in 1 NC.\C 22 .0102(21 1. 



Statutoiy Authohtv G.S. 143- 2153(a)(4); 
lS9G-'5(c). 

.0105 KH KCTIVE CONTINGKM I PON 
FKDKK.\L FLM5S .\LLOC.\ IKH 

These regulations shall be effective for fiscal \ ear 
lQ7t J 1990 and succeeding y-eaf allociition i i rf 

4 I \, 1 ' H-- 1 1 I H-- I r\ t T 1 1 T1 ■ 1 .- '.'1. ^■^..^•,..^ t .-\ ♦ ^-^ . t *«■♦■■ t . t ■ -i t \. , > ft l-i 
H- \J T- I HI s^TTTTTT I I.H 1 U. > ' CTTTTTCTrrr^T TTT IT It r^TTTT^ \.' I . " I ' I I 1 I 

Carolina. vears of the State Revolving f'und 
Prosiram. 



Slaluioiy Authoriiv OS. 143- 2l5(a)( 14); 
I59G-5ic). 



'k-k-k-k-k'h-k-k-k-k-k-k-k-k-k'k'k-k 



No 



otice is hereby gh-en in accordance with G.S. 
I SOD- 1 2 that the EHXR - Division of Coastal 
Management intends to amend nde(s) cited as 
15A SCAC ^./ .0204. .0301 - .0302, .0602; xind 
adopt rukisl cited as ISA XCAC 7 J .0210 - 
.0211: ~\l .0306. 



Th 



he proposed effecli\-c date of this action is .Iidv 
I, 1990. 



Th 



he public hearing will be conducted at 10:00 
a.m. on March 29. '^ 1990 at Holiday Inn. IW6 \. 
Lumina .-ivcnue. \l'righis\ille Beach. .\C 2S4S0 

(comment Procedures: .411 persons interested in 
these matters are im-ited to attend the public 
hcarini:.. The Coastal Resources Commission will 
receive written comments up to the date of the 
hearing. .Iny persons desiring to present lengthy 
comments is requested to submit a written state- 
ment for inclusion in the record of proceedings at 
the public hearing. .Additional information con- 
cerning the hearing or the proposals may be ob- 
tained by contacting: Portia Rochelle. Dtiision of 
Coastal .Management, PO Bo.x 2766'", Raleigh, 
\C 2761 1-76S7, (919) 733-2293. 

( II APItR 7 - C () A.SIAI M AN AGKMENT 

SI BCIIAI'TKR 7,1 - PKOC KDl RKS FOR 

IIANDI INC; MA.IOR 1)K\ Kl OPMKN T 

PFRMIIS: \ ARIANCF RFQl FSIS: APPE.VI.S 

I ROM MINOR l)F\FFOPMFNI PFRMI I 
DFC ISIONS: AND OFC 1 ARAI()R^ Rl I.INCiS 

SKCI ION .0200 - Al'PI ICAI ION PROCFSS 

.0204 PROCFSSINt; I I IF .VPPI.K AIION 

(a) On receipt of a C.Wl.V major de\elopment 
and or dredge and hll permit application b\ the 



iirs 



\()RTH CAROLINA RECLSTER 



PROPOSED RULES 



Department, a letter shall be sent to the applicant 
within a reasonable time acknowledging receipt, 
(b) Application processing will begin when an 
application is accepted as complete. Before an 
application wiU be accepted as complete, the fol- 
lowing requirements must be met; 

(1) a current application fonn must be sub- 
mitted; 

(2) all questions on the application form must 
be completed or the letters "N/A" must 
be placed in each section that does not 
apply; 

(3) an accurate work plan as described in 15A 
NCAC 7J .0203 herein must be attached 
to all CA.MA major de\elopment and, or 
dredge and fill permit applications; 

(4) a copy of a deed or other instrument under 
v\hich the apphcant claims title must ac- 
company a CAMA major development 
and/or dredge and fill pennit application; 

(5) notice to adjacent riparian landowners 
must be given as follows; 

(A) Certified return mail receipts (or copies 
thereof) indicating that adjacent riparian 
landowners (as identified in the permit 
apphcation ) have been sent a copy of the 
application for the proposed de\elopment 
must be included in a CA.MA major de- 
velopment and or dredge and fill permit 
application. Said landowners have 30 
days from the date of notification in v\hjch 
to comment. Such comments will be 
considered by the Department in reaching 
a tlnal decision on the application. 

(B) I'or CAMA minor de\elopment per- 
mits, the applicant must give actual notice 
of his intention to develop his property 
and apply for a CAMA minor de\elop- 
ment permit to all adjacent riparian land- 
owners. Actual notice can be gi\cn by 
sending a certified letter, informing the 
adjoining property owner in person or by 
telephone, or by using any other method 
which satisfies the Local Permit Officers 
that a good faith effort has been made to 
pro\ide the required notice; 

(6) the application fee must be paid as set out 
in this Subparagraph: 

(A) Major development pennit - a check 
or money order payable to the Depart- 
ment for one hundred dollars ($100.00), 
except where permits are eligible for ex- 
peditious review, in which case the fee will 
be twenty-five dollars ($25.00); 

(B) Minor development pennit - a check 
or money order payable to the permit-let- 
ting agency in the amount of twenty-five 
dollars ($25.00). .Monies so collected may 



be used only in the administration of the 
permit program; and 

(7) any other information the Department or 
local permit officer deems necessary for a 
thorough and complete re\iew of the ap- 
phcation must be provided. Any appli- 
cation not in compliance with these 
requirements wiU be returned to the ap- 
plicant along with a cover letter explaining 
the deficiencies of the application and will 
not be considered accepted until it is re- 
submitted and determined to be complete 
and sufficient. If a local permit officer 
receives an apphcation for a permit that 
the local permit officer lacks authority to 
grant, the permit officer shall return the 
application with information as to how 
the apphcation may be properls' consid- 
ered. 

(S) l-'or development proposals subject to re- 
\iew under the North Carolina Inviron- 
mental I'olicv Act (NCM'Al, NCCjS 
1 13A-10(I et_ seq . , the permit application 
will be complete on\\ on submission of 
the appropriate en\'ironmental assessment 
document. 

(c) Upon acceptance of a major development 
and or dredge and fill permit as complete, the 
Department shall, within a reasonable time, send 
a letter to the applicant setting forth the data on 
which acceptance was made. 

(d) If the application is found to be incomplete 
or inaccurate after processing has begun or if ad- 
ditional information from the applicant is neces- 
sary to adequately assess the project, the 
processing will be terminated pending receipt of 
the necessary changes or necessary' information 
from the applicant. During the pendency of any 
termination of processing, the permit processing 
period will not run. If the changes or additional 
inlbrmation signilicantly alters the project pro- 
posal, the apphcation will be considered new and 
the pennit processing period wiU begin to run 
from that date. 

(e) Any \iolation occurring at a proposed pro- 
ject site for which an apphcation is being re- 
viewed wiU be processed according to the 
procedures in 7J .0408 - 0410. If the \iolation 
substantiaUy altered the proposed project site, 
and restoration is deemed necessan,', the appli- 
cant will be notified that processing of the appli- 
cation wiU be suspended pending comphance 
with the notice of required restoration. Satisfac- 
tory restoration of any unauthori/x'd develop- 
ment that has substantially altered a project site 
is deemed necessarv' to allow a complete review 
of the apphcation and an accurate assessment of 
the project's potential impacts. The applicant 



NORTH CAROLINA RECISTER 



10^9 



PROPOSED RULES 



will be notified that permit processing has re- 
sumed, and that a new processing deadline has 
been established once the required restoration 
has been deemed satisfactory by the Division of 
Coastal Management or Local Permit Officer. 

(f) If during the public comment period a 
question is raised as to public rights of access 
across the subject property, the Di\ision of 
Coastal Management will examine the access is- 
sue prior to making a permit decision. /Vny in- 
di\idual or goxemmental entity initiating action 
to judicially recogni/e a public nght of access 
must obtain a court order to suspend processing 
of the pennit application. Should the parties to 
legal action resolve the issue, pemiit processing 
will continue. 

Slutulory Authority (7.5. / 13-229: II3A-2. 

.0210 KKI'I, AC KMKM OK KXISTING 
SIKl ( ILRKS 

Replacement of existing structures damaged or 
destroyed by natural elements, fire or normal de- 
terioration is considered de\elopment and will 
require CAM A permits. I'he proposed work will 
be considered replacement il the cost of the pro- 
posed work exceeds 50 percent of the physical 
value of the structure at the time of damage. The 
physical \alue of the structure shall be deter- 
mined by the local building inspection office. 
Replacement of structures can be allowed if they 
are found to be consistent with current CRC 
rules. 

Statittoty Ai/thoritv G.S. I I3A-I03(5j(b){5): 
I l3A'l67{a),{b). 

.0211 NON-CONFORMING DEVELOPMKN I 

A non-conforming structure is any structure 
wilhin an Al'C other than Ocean Hazard and 
Inlet Hazard ALCs that is inconsistent with cur- 
rent CRC rules, and. was built prior to the ef- 
fective date(s) of the rcgulation(s) with which it 
is inconsistent. Replacement of such stmctures 
shall be allowed when all of the following criteria 
are met: 

(1) the structure will not be enlarged be_\ond 
its original dimensions; 

(2) the stmcture will serve the same or similar 
use; 

(3) there are no practical altemati\es for re- 
placing the structure to pro\ide the same or 
similar benefits in compliance with current 
regulations: and 

(4) the structure will be rebuilt so as to comph' 
with current regulations to the maximum 
extent possible. 



Statutoiy Authority G.S. I I3A-I07(a),(b). 

SECnON .0300 - HEARING PROCEDl RE 

.0301 WHO IS ENTIILEO lO A CONTESTED 
CASE HEARING 

(a) Under G.S. 1 13A-121.1(a), only the fol- 
lowing persons are entitled to appeal a permit 
decision by filing a petition for a contested case 
hearmg as provided in 15A NCAC 7J .0.^02: 

(1) any applicant for a minor or major devel- 
opment permit; and 

(2) the secretary in the case of a decision by 
a local official on a minor de\elopment 
permit. 

(b) Under G.S. 1 13A- 12 1.1(b), persons other 
than those entitled to a contested case hearing 
on a permit decision under Paragraph (a) of this 
Rule may file a request for such a hearing with 
the Chairman of the Coastal Resources Com- 
mission. The hearing request must be filed with 
the Director. Dixision of Coastal Manaiiement, 
Department of ln\ ironment. 1 iealth. and Na- 
tural Resources li:il IINR). PO. Box 276X7, 
Raleidi. NC 2761 1. and a copy thereot must be 
filed with the Office of Cieneral Counsel, 
Dl HNR. P.O Box 276X7. Raleinh, NC 27611. 
1 he Commission hereb_\- delegates to the Chair- 
man the authority to detemiine whether persons 
other than those entitled to a hearing shall be 
granted a hearing. The Chainnan shall grant a 
hearing upon finding that the criteria in G.S. 
1 13A-121.1(bj ha\e been satisfied. A person 
whose hearing request is granted may fde a peti- 
tion for a contested case hearing as provided in 
15A NCAC 7J .0302. A deniafof a request for 
a hearinii may be appealed as pro\'ided in G.S. 
ILIA- 121.1(b). 

Statutory Authority G.S. 1 13-220: I13A-I IS(c): 
II3A-I2I.I: 1 13. [-122: 113. 1-124. 

.0302 PETITION FOR CONTESTED CASE 
HEARING 

(a) Any person who is entitled or authonzed 
to appeal a pennit decision under Rule .0301(a) 
may file a petition for a contested case hearing 
with the OtTice of Administrative Hearinus, P.O. 
Drawer 1 1666, Raleigh, NC 27604. The petition 
must be filed within 20 days of tlie pennit deci- 
sion being appealed as prcnided in G.S. 
113A- 121. 1(a). 

(b) .\ny person who has been granted a hearing 
by the Chainnan of the Coastal Resources 
Commission under Rule .0301(b) may file a pe- 
tition for a contested case hearing with the Office 
of Administrative Hearings, P.O. Drawer 11666, 
Raleigh, NC 27604. The petition must be filed 
witliin 20 davs afier the Chainnan's decision on 



lUSO 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



the hearing request as provided in G.S. 
113A-121.1(b). 

(c) Any petition shall conform to the require- 
ments of G.S. 150B-23. A copy of the petition 
shall be served on the Director, Division of 
Coastal Management (DHHNR), P.O. Box 
276S7, RaleiizhrXC 27611 and on the Office of 
C}eneral Counsel, DIHNR. P.O. Box 27687, 
Raleigh. NC 2761 1. If a minor development 
permit is appealed, a copy of the petition shall 
also be served on the local permit officer, lailure 
to fde any petition within the time periods in 
Paragraphs (a) and (b) of this Rule constitutes a 
waiver of the opportunity for a contested case 
hearing. 

(d) Upon the request of the Director, the local 
permit officer shall submit a certified copy of the 
entire record of any minor permit decision which 
is being appealed to the Director. The record 
shall include at a minimum the elements indi- 
cated in 15A NCAC 71 .n50S(c). 

Statutory Authority G.S. 113-229; II3A-IIS(c); 
II3A-I2I.I: II3.A-I22: I/3A-J24. 

SECTION .0600 - DFXl .\R.\TOR\ RL I INGS 
,VND i'EThions for RLLEM.AKING 

.0602 I'ROCKDIRE FOR REQUESTING 
DECL AR.A^OR^ Rl LINGS 

(a) AU requests for a declaratory ruling shall 
be seftt- to filed with the Director, Division of 
Coastal Management, DL'partmL'nt ef Naturcd 
R e L i Ourct ' fi i*ft4 ('ommunity l") c " ve lopm e nt. De- 
partment of l'n\ironment. Health, and Natural 
Resources (Dl IINR). I'.O. Box 276S7. Raleigh, 
North Carolina 27611 and also the Office of 
General Counsel. Dl HNR, P.O. Box 27687, 
Raleigh. North Carolina 2761 1. All requests (^ , 



shall include the following: the aggrieved per- 
son's name and address, the rule, statute or order 
for which a niling is desired, and a statement as 
to whether the request is for a ruling on the va- 
lidity of a rule or on the applicability of a rule, 
order or statute. 

(b) /\ request for a ruling on the applicability 
of a rule, order, or statute must include a de- 
scription of the factual situation on which the 
ruling is to be based. A request for a ruling on 
the vaUdity of a commission rule must express 
the interested person's reasons for questioning 
the validit)' of the rule. A person ma)' ask for 
both types of rulings in a single request. 

Statutofj Authority G.S. II3.A-I24: I SOB- 17. 

SI HCII AI'IER 7M - GENERAL POLICY 
GUIDELINES FOR HIE COASTAL AREA 



SECTION .0300 -SIIOREFRONT ACCESS 
POLICIES 

.0306 COMPLIANCE WITH THE NORTH 

CAROLINA EN\ IRONMENTAL POLICY 
ACT 

The beach access program shall comply with 
the requirements of the North Carolina Envi- 
ronmental Policy Act (NCEPA) and rules 
adopted by the Department of Environment, 
Mealth, and Natural Resources concerning 
NCEPA implementation as set out in 15A 
NCAC IC .0201 - .0504. Future amendments 
by the Department shall be deemed to be incor- 
porated into this Rule pursuant to G.S. 
150B- 14(c). 

Statutory Authority G.S. II3A-2: II3A-I24. 



TITLE 21 



OCCLPATIONAL 
BOARDS 



LICENSING 



l\otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Board of Medical Examiners of 
the State of Xorth Carolina intends to repeal 
rule(s) cited as 21 NCAC 32D .0001 - .0009; and 
adopt rule(s) cited as 21 NCAC 32L .0001 - 
.0012. 



Ti 



I. 



he proposed effective date of this action is June 
1990. 



1 he public hearing will be conducted at 1:30 
p.m. on March S. 1990 at NC Board of Medical 
Examiners, 1313 Navaho Drive, Raleigh, N.C. 
27609. 



omment Procedures: Persons interested may 
present written or oral statements relevant to the 
actions proposed at a hearing to be held as indi- 
cated above. Written statements not presented at 
the hearing should be directed before March /, 
1990. to the following address: NC Board of 
Medical Examiners. Administrati\-e Procedures. 
1313 Navaho Drive. Raleigh. NC 27609. 



CHAPTER 32 - BOARD OF 
EXAMINERS 



MEDICAL 



SUBCHAPTER 32D - APPROVAL OF 
ASSISTANT TO PIHSICIAN (REPE.MED) 

.0001 DEFINITIONS 

.0002 .APPLICATION FOR .\PPROVAL 

.0003 REQL IREMENIS FOR APPROVAL 

.0004 MORAL CHARACTER 

.0005 REQL IREMENIS FOR RECOGNITION 

OF TRAINING PROGRAMS 
.0006 TERMINATION OF APPRO\ AL 



NORTH CAROLlN.i REGISTER 



I OS I 



PROPOSED RULES 



.0007 ^l^:lllor) ov j'kkkormance 

.0008 KKKS 
.0009 FORMS 

Statutoiy Authaniv OS. 90-/5: 90-18(13); 90- 
18.1. 

SI BriIAPTFK M\ - APPRO\ AL OF 
I'inSICFW ASSISFANTS 

.0001 DFI IMTIONS 

The following definitions apply to this Sub- 
chapter: 

(1) "Ph\sician Assistant or PA" means an 
auxilian.", paramedical person who functions 
at the direction of or under the super\ision 
of a physician licensed by the Board and 
who performs tasks traditionally performed 
by the plnsician, such as histop.' taking, 
ph_\ sical examination, diagnosis, and treat- 
ment. 

(2) "Physician Assistant Applicant" means the 
indi\idual upon whose behalf an application 
is submitted who may function before ap- 
pro\al by the Board m the same manner m 
\v hich he functioned as a student under strict 
supervision as outlined in Rule .0U()3 of this 
Subchapter. 

(3) "Supers'ision" means the physician's func- 
tion of ONcrseeing, managing, and directing 
the medical acts perfomied by the P/\ as 
outlined in Rule .0009 of this Subchapter. 

(4) "Primary Supen.'ising Physician" means the 
physician who, by signing the application to 
the Board, accepts full medical administra- 
tive responsibility for the P.V's medical ac- 
ti\'ities and conduct at all times whether he 
personally is providing supervision or su- 
pers'ision is being provided by a Back-up 
Supervising Physician. The Priman,' Super- 
\ising Physician shall assume total responsi- 
bility to assure the Board that the PA is 
sufficiently qualified by education and train- 
ing to perform all medical acts required of 
the PA and shall assume total rcsponsibihty 
for the PA's performance in the particular 
field or fields in which the PA is expected to 
perform medical acts. 

(5) "Back-up Supervising Physician" means the 
physician who, by signing the application to 
the Board, accepts the responsibility to be 
a\ailable to supervise the P.\'s activities in 
the absence of the Primary Supcr\'ising 
Physician only in the practice sites Listed in 
the application approved by the Board. The 
Back-up Supervising Physician is responsi- 
ble for the activities of the P.-\ only when 
he is providing supervision. 



(6) "Formulary" means the document which 
lists generic categories of dmgs to be pre- 
scribed, ordered, or dispensed by physician 
extenders under written standing orders from 
the supervising physician for patient care in 
approved practice sites. 

Stalutofy .Authorhy G.S. 90-lSiI3): 90-18.1. 

.0002 IMIVSICI.\N ASSISFAN T APIM.ICANT 
SIAFIS 

The Physician .Assistant Applicant status may 
be used onl^' by an individual whose application 
for approval as a Phvsician Assistant has been 
received in the Board's office. The Physician 
Assistant Applicant status may not be used to 
"try out" a job or work temporarily in a job in 
which the indi\'idual does not intend to obtain 
F^oard approval. In the event the individual 
leaves the job in which he has worked as a Phy- 
sician .Assistant .Applicant before Board approval 
is granted, the indi\idual must submit a written 
explanation to the F3oard before he may work in 
the Physician .Assistant .Applicant status in an- 
other job. 

(1) The Physician .Assistant .Applicant status 
applies to: 

(a) an indi\-idual ne\vl>" graduated from a P.A 
training program: or 

(b) an individual coming to North Carolina 
for the first time who has worked previ- 
ously as a PA in another state. 

(2j A Ph>sician .Assistant .Applicant, described 
in Subparagraph ( 1 ) of this Rule, may func- 
tion before approval by the Board under 
strict supervision with the following hmita- 
tions: 

(a) wear identification as a "Physician Assist- 
ant Apphcant"; 

(b) have no prescribing pri\ileges; 

(c) have immediate ph\sician countersigning 
of all notations in all patient charts in all 
practice locations: 

(d) have no remote practice sites. (The su- 
pcr\ising physician must always be phys- 
ically present in the practice site in which 
the applicant is working.) 

(3) The Phvsician .Assistant Applicant status 
docs not apply to an individual previously 
approved as a PA in North Carolina in an- 
other practice situation which has termi- 
nated who is seeking appro\al in a new job. 
The previously approved P.A may function 
prior to approval of the new job as follows: 

(a) wear identification as a "Phvsician .Assist- 
ant": 

(b) use prescnbing number previously issued 
by the Board for prescnbing privileges; 



UhS2 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(c) have physician countersigning of all no- 
tations in all patient charts in all practice 
locations within 24 hours of PA/patient 
contact. 

Statutory Authority G.S. 90-18(14). 

.0003 REQIJIRKMEMS FOR PA APPROVAL 

(a) Before being approved by the Board, an 
applicant must; 

(1) Be of good moral character. 

(2) Give evidence that he has successfully 
completed a PA training program recog- 
nized by the Board as set forth in Rule 
.0006 of this Subchapter. 

(b) Initial approval may be denied for any of 
the reasons set forth in Rule .0007 of this Sub- 
chapter, as well as failure to satisfy the Board of 
the qualifications of the PA training program 
from which the applicant graduated as set forth 
in Rule .0006 of this Subchapter. 

Statutory Authority G.S. 90-18(13). 

.0004 APPLICATION FOR PA APPROVAL 

(a) Application for appro\al of a PA must be 
made upon forms supplied by the Board and 
must be submitted jointly by the PA and super- 
vising phj'sicians with whom the PA will work. 

(b) Application forms submitted to the Board 
must be complete in every detail and in every 
supporting document required must be submit- 
ted by the deadline set by the Board in order that 
the application may be considered appropriately. 

(c) If for any reason a PA discontinues working 
under the supervision of the primary' physician 
who submitted the application under which the 
PA is approved, the Board shall be notified and 
the PA's approval shall automatically terminate 
until such time as a new application is approved 
by the Board. 

(d) The following applications for changes in 
the PA practice may be administratively ap- 
proved by the Board's staff and reported to the 
Board at each meeting: 

( 1 ) routine job changes of a PA pre\ iously 
approved in N.C.; 

(2) additional job under a new primary su- 
pen.ising physician; 

(3) ciiange of priman,' supervising ph\sician 
when that is the only change taking place 
in a currently approved PA practice site; 

(4) addition of back-up supervising physicians 
to a currently approved PA practice site; 

(5) addition of practice sites under the super- 
vision of the currently approved primary 
supcPv ising physician; 



(6) temporary approval for second site on re- 
lief basis not to exceed two months, 
(e) Administrative approval is not automatic 
for the applications listed in this Rule. The 
changes may be administratively approved at the 
discretion of the Board's staff. Changes cannot 
be processed administratively but must be con- 
sidered by the Board as follows; if any of the 
background questions are answered "yes" by the 
PA or primary supervising physician; or if the 
PA or any of the supervising physicians hsted 
have an investigative, complaint, or public file. 

Statutory Authority G.S. 90-18(13); 90-18. 1. 

.0005 PRESCRimNG PRIVILEGES 

(a) The PA Applicant and the supervising 
physicians shall acknowledge in the application 
that they are familiar with laws and rules of the 
Board regarding prescribing; and shall agree to 
comply with these laws and rules by incoiporat- 
ing the laws and Riles, including the Formular\ , 
into their written standing orders. 

(b) The generic categories listed in the Fonnu- 
lary are based on the "American Hospital For- 
mulary Service" published by the American 
Society of Hospital Pharmacists. The Formular>' 
is adopted by reference by the Board as a part of 
this Rule. 

(c) The prescribing stipulations contained in 
these rules and in the Formulary apply to writing 
prescriptions, ordering the administration of 
medications in out-patient and inpatient settings, 
and dispensing medications. 

Approval to dispense must be obtained from the 
Board of Pharmacy. 

(d) Prescribing stipulations are as follows; 

(1) Controlled Substances: 

(A) No controlled substances (Schedules 2, 
2N, 3, 3N, 4, 5) dehncd by the State and 
Federal Controlled Substances Acts may 
be prescribed, ordered, or dispensed. 

(B) Verbal orders given to the PA by the 
supcr\'ising physician for administration 
of a controlled substance to a specific pa- 
tient may be entered into the patient chart 
by the PA just as an RN may transcribe 
a physician's verbal order into a patient 
chart. 

(2) Parenteral Medications - No parenteral 
preparations may be prescribed, ordered, 
dispensed, or administered unless under 
the order of the supervising physician as 
set forth in Subparagraph (3)(B) of this 
Rule; with the following exceptions: 

(A) Insulin; 

(B) Immunizations (DPT, MMR, TUB); 



NORTH CAROLINA REGISTER 



l(hS3 



PROPOSED RULES 



(C) Tetanus toxoid, DT, or hyperimmune 
serum; 

(D) Fpinephrine; 

(E) Benadr>-1. 

(3) Excluded Drugs: 

(A) Any pure form or combination of the 
generic classes of drugs listed in the For- 
mulary may be prescribed, ordered, or 
dispensed, unless the drug or class of drug 
is listed as excluded from the rormular\'. 

(B) Drugs excluded by the Iormular\', ex- 
cept controlled substances, may be pre- 
scribed by the PA only upon specific 
written or verbal orders from the super- 
\ising physician for a specific patient given 
before the prescnption or order is issued 
by the PA. Such a prescription or order 
must be signed by the PA w ith a notation 
that it is issued on the specific order of the 
supervising ph\sician. For example: 
\Iar\' Smith, PA, on order of John Doe, 

M.b. 

(4) Refills - A prescription may not indicate 
a refill w ith the exception of birth control 
medications which may be issued for a 
period not to exceed one >ear. 

(5) Dosage Units - .\mount of drug pre- 
scribed, ordered, or dispensed can be no 
more than 100 dosage units or a one 
month suppls with the exception of birth 
control medications which may be issued 
for a period not to exceed one year. 

(6) Prescription Notations - E\ery pre- 
scription must be noted on the patient's 
chart. A second prescription for the same 
medication ma\' be authorized h\ tele- 
phone by the P.\ and must be entered on 
the patient's chart and countersigned by 
the supervising physician within the spec- 
ified countersigning time approved b\' the 
Board. 

(7) Prescribing Number - A prescnbing num- 
ber is assigned by the Board to a PA upon 
approsal by the Board. This number 
must appear on all prescriptions issued by 
the PA. The prescribing number is used 
as the PA's Appro\al Number. 

(8) Prescription Blank Format - All pre- 
scriptions issued by a P.\ should contain 
the name and telephone number of the 
supervising physician: the name, practice 
address, telephone number, and prescrib- 
ing number of the PA, as well as all in- 
formation required b\' law. A suggested 
prescription format is included in the ap- 
plication packet. 

(Q) Prc-signed Prescription Blanks - The su- 
pervising ph\"sician shall not leave pre- 



signed prescription forms for use bv the 
PA. 

Statutory Authority G.S. 90-18(13); 90-18.1. 

.0006 REQLIREMEN TS FOR RECOGNITION 
OF PA TR.\ININC; PROGRAMS 

All PA training programs approved by the 
.American .Medical Association Council on Med- 
ical Education (.ANFA.) are recognized by the 
Board. 
( 1 ) Application for recognition of a PA training 
program not appro\'ed by the AM.A shall 
be made by letter and supporting documents 
from the Director of the program and must 
demonstrate to the satisfaction of the Board 
that such program fullllls the following re- 
quirements: 

(a) Sponsorship - The training program must 
be sponsored by a college or university 
with appropnate arrangements for the 
clinical training of its students, such as a 
hospital maintaining a teaching program. 
Fhere must be e\idence that the program 
has education as its primary orientation 
and objecti\e. 

(b) Director - The program must be under the 
super\ision of a qualified director, who 
has at his disposal the resources of com- 
petent personnel adequately trained in the 
administration and operation of educa- 
tional programs. 

(c) Facilities - .Adequate space, light and mo- 
dem equipment must be provided for all 
teaching functions. .\ Iibrar>'. containing 
up-to-date textbooks, scientific period- 
icals, and reference material pertaining to 
clinical medicine, its underlying scientific 
disciplines, and its specialties, shall be 
readily accessible to students and faculty. 

(d) Curriculum - The cumculum must pro- 
\ide adequate instruction in the basic sci- 
ences underhing medical practice to 
provide the trainee with an understanding 
of the nature of disease processes and 
symptoms, abnormal tests, and drug ac- 
tions. This must be combined with in- 
struction, observation, and participation 
in history taking, physical examination, 
and therapeutic procedures. This should 
be in sutTicicnt depth to enable the gradu- 
ate to integrate and organize historical and 
physical findings. The didactic instruction 
shall follow a planned and progressive 
outline and shall include an appropriate 
mi.\ture of classroom lectures, textbook 
assignments, discussions, demonstrations, 
and similar acti\ities. Instruction shall 



WS4 



NORTH CAROLIN.A REGISTER 



PROPOSED RULES 



include practical instruction and clinical 
experience under qualified supervision 
sufficient to provide understanding of a 
skill in performing those clinical functions 
which the PA may be asked to perform. 
There must be sufficient evaluative proce- 
dures to assure adequate evidence of 
competence. yVlthough the student may 
concentrate his effort and his interest in a 
particular specialty of medicine, the pro- 
gram must insure that he possesses a 
broad general understanding of medical 
practice and therapeutic techniques. 

(e) Length of Program - Although some vari- 
ation may be possible for the individual 
student, dependent on aptitude, presious 
education and experience, the curriculum 
shall be designed to require two or more 
academic years for completion. 

(f) Faculty - The program must have a faculty 

competent to teach the didactic and clin- 
ical material which comprises the curric- 
ulum. The faculty shall include at least 
one instructor who is a graduate of medi- 
cine, licensed to practice in the location 
of the school, whose training and experi- 
ence enable him to properly supervise 
progress and teaching in clinical subjects. 
He shall be in attendance for sufficient 
time to insure proper exposure of the stu- 
dent to clinical teaching and practice. The 
program may utilize instructors other than 
physicians, but sufficient exposure to 
clinical medicine must be provided to in- 
sure understanding of the patient, his 
problem, and the diagnostic and thera- 
peutic responses to this problem. 

(g) Entrance Requirements - The program 
must, through appropriate entrance re- 
quirements, insure that candidates ac- 
cepted for training possess: 

(i) ability to use written and spoken lan- 
guage in effective communication with 
physicians, patients, and others; 

(ii) quantification skills to insure proper 
calculation and interpretation of tests; 

(iii) beha\'ioral characteristics of honesty 
and dependability; and 

(iv) high ethical and moral standards, in 
order to safeguard the interest of patients 
and others. 
(2) fo retain its recognition by the Board, a 

recognized program shall: 
(a) make available to the Board the operating 
budget and yearly summaries of case loads 
and educational acti\ities done by clinical 
affiliates, including volume of outpatient 
%isits and number of inpatients; 



(b) maintain a satisfactory record of the en- 
trance qualifications of and evaluations 
of all work done by each student, which 
shall be available to the Board; and 

(c) notify the Board in writing of any major 
changes in the curriculum or a change in 
the directorship of the program. 

(3) Recognition of a program may be with- 
drawn when, in the opinion of the Board, 
the program fails to maintain the educa- 
tional standards described in this Rule. 
\^Tlen a program has not been in operation 
for a period of two consecutive years, re- 
cognition will automatically be withdrawn. 
Withdrawal of recognition from a program 
will in no way affect the status of a PA who 
graduated from the program while it was re- 
cognized and who has been approved by the 
Board. 

Statutoiy Authority G.S. 90-18(13). 

.0007 TERMINAFION OF PA AIM'RON A[ 

The approval of a PA may be terminated by the 
Board when, after due notice and hearing in ac- 
cordance with provisions of /Vrticle 3A of G.S. 
150B, it shall find: 

(1) that the P.\ has held himself out or per- 
mitted another to represent him as a licensed 
physician; 

(2) that the PA has engaged in the performance 
of medical acts other than at the direction 
of or under the supervision of a physician 
hcensed by the Board who is appro\ed by 
the Board to be a supervising physician; 

(3) that the PA has performed a medical act for 
which the PA is not approved or for which 
the PA is not qualified by education and 
training to perform, including prescribing, 
ordering, or dispensing drugs not allowed by 
the I'ormulan,'; 

(4) that the F'A is impaired physically, men- 
tally, or professionally as a result of using 
mind-altering chemicals; 

(5) that the PA has been con\icted in any 
court, of a felony or other criminal offense; 

(6) that the PA is adjudicated mentally incom- 
petent or that the PA's mental or physical 
condition renders the PA unable to safely 
function as a PA; 

(7) that the PA has failed to compK with any 
of the provisions of tliis Subchapter. 

Stdtittoiy Authority G.S. 90-18(1 3). 

.OOOS MKIIIOD OF IDKN FIFK A FION 

fhe PA shall wear an appropnate name tag 
spclhng out the words "Physician Assistant". 



NORTH CAROLINA REGISTER 



1 085 



PROPOSED RULES 



StaluUny Authohly G.S. 90-18(13). 

.0009 SL I'F.RMSION OF A PA 

Supt-nision shall be provided by the responsible 
physician as foUows: 

(1) Availability: 

(a) The supervising physician shall be avail- 
able for direct communications by radio, 
telephone, or telecommunications. 

(b) I'he supervising physician shall be a\ail- 
able on a regularly scheduled basis for re- 
ferrals of patients from the PA. 

(c) A FA shall refer a patient to another 
health provider other than an approved 
supervising physician only on the order 
of an appro\ed supervising physician. 

(2) Written Standing Orders: 

(a) The supervising physician shall provide in 
each practice location, for use by the PA 
and for referral b\ other personnel, written 
standmg orders and drug protocols to 
cover most commonly encountered prob- 
lems m the practice setting. 

(b) The written standing orders shall include 
a predetermined plan for emergency ser- 
\ices. 

(3) Countersigning: 

(a) The time interval between the PA's con- 
tact with the patient and chart review and 
countersigning by the supervising physi- 
cian shall be 72 hours. 

(b) .\ longer countersigning time interval may 
be considered by the Board upon specific 
request. The request should explain the 
practice circumstances which necessitate 
the longer countersigning interval. 

(c) All entries by a PA into patient charts in 
all approved practice locations must be 
countersigned by the supervising physi- 
cian. Pntries include but are not limited 
to: progress notes; treatment rendered; 
tests or procedures ordered; and notations 
of prescriptions or orders, and drugs dis- 
pensed or administered. 

(4) Supervision .Arrangements: 

(a) If the PA is to pcrfomi duties away from 
the supervising physician, the application 
must clearly specify the circumstances 
which would justify tliis action and the 
supervisor*' arrangements established to 
protect the patient. 

(b) Details must be submitted describing dis- 
tance, time, topography, physical charac- 
teristics, and communic;ition ability 
between the P;\ and the super\ising phy- 
sician. 

(5) Supervising Ph\sicians: 



(a) A physician in a graduate medical educa- 
tion program, whether fully licensed or 
holding only a resident's training license, 
cannot be named as a supervising physi- 
cian. 

(b) A physician in a graduate medical educa- 
tion program who is also practicing in a 
non-training situation may supervise phy- 
sician assistants in the non-training situ- 
ation if fuUy licensed. 

(c) /Ml physicians who may super\'ise the PA 
in any manner must be approved by the 
Board before PA supervision occurs. 

(6) The PA must be prepared to demonstrate 
upon request to a member of the Board, or 
its delegates, the ability to perform the 
medical acts assigned by the supervising 
physician. 

Staluion,' Authority G.S. 90-18(13). 

.0010 ANNL AL REGISTR.\TION OF PA 
APPROXAL 

(a) Phvsician Assistants approved under these 
rules shall register their appro\al annually with 
the Board by Juh 1 of each year on forms sup- 
plied by the Board and shall be accompanied by 
a registration fee of thirty-fne dollars ($35.00). 

(b) In the event failure to register continues for 
a period of 30 days, formal action ma\ be taken 
against the approval of the PA bv the Board after 
notice and hearinsj in accordance with G.S. 
150B-38. 

Statutory Authority G.S. 90-18(13). 

.0011 FEES 

(a) An application fee of one hundred and fifty 
dollars ($150.00) shall be paid at the time of the 
initial application for appro\al and each subse- 
quent application for job change. 

(b) .An application fee of one hundred dollars 
($100.00) shall be paid at the time of application 
for a change of primar>' super\'ising phvsician. 

(c) The fee for annual registraticin, due Julv 1, 
is thirty-five dollars ($35.00^ 

(d) No portion of the fees in this Rule is re- 
fundable. 

Statutoiy Authority G.S. 90-15. 

.0012 PA FORMS 

The following documents regarding physician 
assistants may be obtained from the Board's of- 
fice: 

(1) Rules for Approval of Physician Assistants, 
Subchapter 32L: 

(2) P^onnularv'; 



UhS6 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) North Carolina I^ws Regarding Physician 
Assistants, G.S. 90-18(13) and 90-18.1; 

(4) Application for PA Approval; 

(5) Statement of Approval, upon being ap- 
proved; 

(6) Application for Annual Registration, 
mailed during June to all Physician Assist- 
ants approved by May 1; 

(7) Certificate of Registration, upon registering. 

Statutory Authority G.S. I50B-I I. 



IS otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Board of Phar- 
macy intends to amend ru/efsj cited as 21 NCAC 
46 .1317, .1503, .2001, .200S, .2502; and adopt 
nde(s) cited as 21 NCAC 46 .IS07, .2601 - .2607, 
.2701 - .2704, .2801 - .2S0S. 

1 he proposed effective date of this action is June 
I. 1990. 



SECTION .1300 - GENERAL DEFINITIONS 

.1317 DEFINITIONS 

The dcfmitions of various terms used in these 

rules are found in Article 4A of Chapter 90 of the 

General Statutes, or are as follows: 

(1) Approved School or College of Pharmacy. 

A school or coUegc of pharmacy accredited 

by the American Council on Pharmaceutical 

Education, or a foreian school with a pro- 



fessional pharmacy degree program of at 
least five years approved by the Board. 
(6) Graduate of an Approved School or Col- 
lege of Pharmacy. A person who has re- 
ceived an undergraduate professional degree 
in pharmacy from an approved school or 
college of pharmacy, or a person who has 
graduated from a foreign professional school 
of pharmacy and has successfully completed 
the Foreign Pharmacy Ciraduate Hquiv- 
alcncv Examination offered by the National 
Association of Boards of Phannacv and the 
Test of English As A Foreign Language. 



T; 



he public hearing will be conducted: 



Statutory Authority G.S. 90-85. 3; 90-85.6; 
90-85.8; 90-85. J 3; 90-85.15; 90-85.21; 90-85.38; 
90-85.40. 



March 19. 1990 

7:00 p.m. 

Institute of Pharmacy 

UNC-CH 

Chapel Hill. NC 

March 20. 1990 

2:00 p.m. 

Institute of Pharmacy 

UNC-CH 

Chapel Hill, NC 

March 27. 1990 

10:00 a.m. & 7:00 p.m. 

Sheraton Airport Plaza Hotel 

Charlotte, NC 



Co 



ommcnt Procedures: Persons wishing to pres- 
ent oral data, views or arguments on a proposed 
rule or rule change may file a notice with the 
Board at least 10 days prior to the public hearing 
at which the person wi.dies to speak. Comments 
should he limited to 10 minutes. The Board' s 
address is: P.O. Box 459. Cairboro. NC 27510. 
Any person may file a written submission of com- 
ments or argument at any time until April 26, 
1990. 

CIIAITKR 46 - HOARD Ol I'll ARM ACY 



SECTION .1500 - ADMISSION 
REQUIREMENTS: EXAMINATIONS 

.1503 EXPERIENCE IN PHARMACY 

(b) /Ml practical phannacy experience to be 
acceptable must be acquired under the general 
conditions approved by the Board as follows: 
(4) Practical experience shall be credited only 
when it lias been obtained in a phannacy 
«* ift » program location holding a phar- 
macy permit and approved by the Board 
for that purpose. Exemptions may be 
granted bv the Board upon application. 



Statutory Authority G.S. 
90-85.38. 



90-85.14; 90-85.15; 



SECTION .1800 - PRESCRIPTIONS 

.1807 FACSIMILE TRANSMISSION OF 
PRESCRIPTION ORDERS 

Prescription orders may be transmitted using a 
facsimile ("FAX") macliine, provided that: 

(1) Only orders bearing the signature of the 
prescriher are transmitted; 

(2) A written contract exists between the tran- 
smitting facility and the rccci\'ing pharmacy 
which provides for the use of facsimile ma- 
chines; 

(3) The contract specified in Subparagraph (2) 
of this Rule has provisions for security to 



^ORTH CAROLINA REGISTER 



1087 



PROPOSED RULES 



prevent unauthorized dispensing of pharma- 
ceuticals; and 
(4) The pharmacist-manager maintains security 
of the process inckiding retention of readable 
records for the period of time required by 
law and verification of orders if indicated by 
the circumstances. 

Statutory Authority G.S. %-85.6(a): 90-85.32. 

SEC r ION .2000 - ADMIMSTRAIIVE 
I'KOMSIONS 



(h) After issuance of a notice of hearing, the 
4-h*» Board and the party or parties may agree in 
advance to simplify the hearing by: decreasing 
the number of issues to be contested at the hear- 
ing; accepting the validity of certain proposed 
evidence; accepting the findings in some other 
case with relevance to the case at hand; or agree- 
ing to such other matters as may expedite the 
hearing. 

.Statutory Authority G.S. 90-S5.6; I50B-1I; 
I50B-22: I50B-4I. 



.2001 RI(;ilT TO HEARING 

(a) When the Board acts or proposes to act, 
other than in rulemaking or declaratory ruling 
proceedings, in a manner which will affect the 
rights, duties, or pri\ilcges of a specific, identifi- 
able person, such person has the riglit to an ad- 
ministrati\'e hearing. When the Board proposes 
to act in such a manner, it shall gi\e such person 
notice of the right to a hearing by mailing by 
certified mail to that person at the last known 
address of that person a notice of the proposed 
action and a notice of a riglit to a hearing. 

(b) Prior to issuing the notice called for in 
Paragraph (a) of this Rule, and with the consent 
of Uk? part\ ijr parties, the Ikxad max attcmi^t to 
settle disputes throudi the inlormal prcicedures 
set out in Rule .2()()X(a) o|' Urn Section. 

Statutory! Authority G.S. 90-S5.6; 150B-II: 
I SOB- 22: I50B-3S: I50B-4I. 

.200S IMORMAI, PROCEIK RES 

(a) Prior to issuing a notice of hearing, the 
BcKird and the party or parties may agree to 
coiuluct a ccMiference in which a member of the 
ikiard and the party or parties meet to consider 
the j'>ossibilit\ cA dispcisin'-i o[ the dispute without 
a lieann'-! or any tUher mailer as ma\ aid m the 
prompt disposition of the matter. ]f such a 
ccMilerence is held, the i^(Kird. with the consent 
(M [he part\ or parties. ma\" issue a consent order 
\\ Inch recites the action taken at the conference. 
I his consent order ina\ ilispose o| the matter or 
set forth such matters as were agi'ced to between 
the parties that may expedite t he hearing. All 
matters contained in the consent order must be 
agreed \o_ h\_ the part\ or parties and approved 
by the Board at Us next regular meelini:. The 
Board member who participated rn the conler- 
ence shall disqualit\' himself (2r herself m accord- 
ance with Rule .201 1 o[ this Section irom 
participation m an\ hearing or decision in the 
mailer discussed m the conference i_t^ the matter 
results in a contested ease hearing before the 
iioard. 



SECTION .2500 - MISCELLANEOUS 
PROMSIONS 

.2502 RESPONSIIJII.iriES OF 

I'll ARM. \CIST-M AN ACER 

(h) When a pharmacy is to be closed perma- 
nently it IS the responsibility of the pharmacist- 
manager to inform the Board and the I nited 
States Dnig I'nforcement .Administration ot^^ the 
closing, arrange for the proper disposition of the 
pharmaceuticals and to return the pharmacy 
permit to the Board s offices within ten davs of 
the closing date. |t is the responsibilit\ of the 
pharmacist -manager, jointly held with the phar- 
macs's owner (_if the owner is other than the 
pharmacist -manager), to transfer prescnption 
tiles to another phannacx' tor maintenance of 
patient therap\ and to inlorm the public of' such 
transfer bv pc^sted notice or otherwise. Con- 
trc^lled substance records shall be retained for the 
penod ^2!i time required bv law. 

(i) ]}_ ]± the responsibilitN' of the pharmacist - 
manager to prepare a plan to safeguard pre- 
scnption records and phannaceuticals iri the 
event oi^ a natural disaster such as hurricane or 
tlood. 



Statutory Authority G.S. 90-85.6: 90-85.21. 
SECnON .2600 - DEMCES 

.2601 DISPENSING 

rX-vices, as defined m G.S. 90-85. 3(e), shaU be 
dispensed only in a phiirmacy as defined in G.S. 
90-85. 3(q) or other place registered with the 
Board pursuant to G.S. QO-85.22. 

Statutory Authoritv G.S. 90-85.3(e) and (r); 
90-85.6: 90-85.22. ' 

.2602 ORDERS 

Devices as defined in G.S. 90-85, 3(c) shall be 
dispensed only pursuant to an order from a 
practitioner. Such orders shaU comply in all 
pertinent respects with Cj.S. 106- 134. 1(a) and 
G.S. 106- 134.4(a) and (b). 



loss 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. 
90-85.6: 90-85.22. 



90-85.3(e) and (r); 



.2603 KDUC/VnON AND TRAINING 

Persons, other than pharmacists, who are au- 
thorized to dispense devices and who dispense 
devices shall demonstrate to the Board's satisfac- 
tion that they have received sufficient education 
and training in dispensing devices so that they 
can safely and properly dispense devices. 

Statutory Authority G.S. 90-85. 3(e) and (r); 
90-85.6; 90-85.22. 

.2604 RKCORHS 

AU orders and records for devices shall conform 
in all pertinent respects with Board Rules .2301 
through .2305 of this Chapter, in addition to the 
requirements of those rules, the serial numbers 
for all devices dispensed shaU be preserved as part 
of the records. 



Statutory Authority G.S. 
90-85.6: 90-85.22. 



90-85.3(e) and (r); 



.2605 RKGISTRATION OF 
NON-PHARMACISTS 

Registration of persons other than pharmacists 
dispensing devices, pursuant to G.S. 90-85.22, 
shall be issued by the Board to the person in 
charge of the location dispensing the devices. 
This person shall have responsibilities compara- 
ble to those of a pharmacist-manager pursuant 
to Board Rule .2502 of this Chapter, as applica- 
ble. Persons in charge shall keep on file for three 
years on the premises of each place where devices 
are dispensed all information related to warran- 
ties provided by manufacturers and the availabil- 
ity of repairs. 



Statutory Authority G.S. 
90-85.6: 90-85.22. 



90-85.3(6) and (r): 



.2606 CONVEYING WARNINGS 

Persons in charge or pharmacists dispensing 
devices, as defined in G.S. 90-85.23, shall be re- 
sponsible for promptly conveying to patients all 
pertinent warnings issued by government agen- 
cies or manufacturers. 



Statutory Authority G.S. 
90-85.6: 90-85.22. 



90-85.3(e) and (r): 



.2607 A\ AILAHII ITY OI- RECORDS 

All records required to be kept by statute or re- 
gulation shall be available to Board inspectors as 
provided in Rule .1803 of this Chapter. 



Statutory Authority G.S. 90-85.3(e) and (r): 
90-85.6: 90-85.22. 

SECTION .2700 - NLCLEAR PHARMACY 

.2701 REQUIREMENTS 

No pharmacist shall receive, possess or dispense 
radioactive drugs, except in accordance with the 
applicable federal statutes and regulations and 
these rules. The requirement of these rules are 
in addition to, and not in substitution for, other 
applicable provisions of the regulations of the 
United States Nuclear Regulatory Commission. 

Statutory Authority G.S. 90-85.6. 

.2702 DEFINITIONS 

(a) Qualified Nuclear Pharmacist. A phanna- 
cist currently licensed by the Board who meets 
the following standards: 

(1) Meets minimum standards of training for 
"authorized user status" of radioactive 
material in accordance with the licensure 
guide of the United States Nuclear Regu- 
latory Commission; 

(2) Has received a minimum of 200 contact 
hours of instruction in nuclear pharmacy 
and the safe handling and use of radioac- 
tive materials from an approved college 
of pharmacy, including instruction in the 
following areas: radiation physics and in- 
strumentation; radiation protection; 
mathematics of radioactivity; radiation 
biology; and radiopharmaceutical chemis- 
try; and 

(3) Has a minimum of 500 hours of clinical 
nuclear pharmacy training under the su- 
pervision of a qualified nuclear pharma- 
cist. 

(b) Qualified Licensed Professional. A non- 
pharmacist, such as a physician, nurse or tech- 
nologist, who possesses a current state license, if 
required, and who has sufficient training and ex- 
perience to safely handle and dispense radio- 
pharmaceuticals as defined by the respective 
requirements of the regulations of the NRC. 

(c) Nuclear Pharmacy. A phannacy providing 
radiopharmaceutical services, including such ar- 
eas in a hospital, nursing home, sanitarium or 
clinic pharmacy. 

(d) Radiopharmaceutical Ser\ice. The pro- 
curement, storage, handling, preparation, label- 
ing, quality assurance testing, dispensing, 
delivery, record-keeping and disposal of radio- 
pharmaceuticals and other radioactive drugs. 

(e) Radiopharmaceutical Quality Assurance. 
The performance of appropriate chemical, bi- 
ological and physical tests on potential radio- 



NORTH CAROLINA REGISTER 



10,S9 



PROPOSED RULES 



pharmaceuticals and the interpretation of the 
resulting data to determine their suitability for 
use in humans and animals, including internal 
test assessment, authentication of product histor>' 
and the keeping of proper records. 

(f) Internal Test Assessment. Conducting 
those tests of quality assurance necessary to in- 
sure the integrity of the test. 

(g) Authentication of Product History. Iden- 
tifying the purchasing source, the ultimate fate, 
and any intermediate handling of any component 
of a radiopharmaceutical or other radioactive 
drug. 

(h) Radiopharmaceuticals. Radioactive drugs 
as defined by the United States Pood and Drug 
Administration. 

(i) Nuclear Pharmacy Practice. A patient-or- 
iented service that embodies the scientific know- 
ledge and professional judgment required to 
impro\'e and promote health through the assur- 
ance of the safe and efficacious use of radiophar- 
maceuticals. 

Siatutoiy Authority G.S. 90-S5.6. 

.2703 OUTAIMNG .\ NLCLKAR PHARMACY 
I'KKMII 

In order to obtain a nuclear pharmacy permit, 
the person seeking such a permit should submit 
an application to the Board certifying that he or 
she is a pharmacist currently licensed by the 
Board and that he or she meets the requirements 
of Rule .2702 of this Section. The application 
shall describe in detail the location, time and 
manner the contact hours required by Rule 
.27()2(a)(2) and (3) of this Section were obtained 
by the applicant and shall be submitted under 
oath. 

Statuioty Authority G.S. 90-85. 6. 

.2704 KFQ FOR IMIARMACIKS PROMOING 
RADIOPHARMACKLIICVL SKRMCES 

(a) 1 he permit to operate a pharmacy pro\'id- 
ing radiophannaccutical scr\'ices shall be issued 
by the Board only to a qualified nuclear phar- 
macist. All personnel performing tasks in the 
preparation and distribution of radiopharm- 
aceuticals shall be under the direct super\'ision 
of a t]ualificd nuclear pharmacist. A qualified 
nuclear phannacist shall be responsible for all 
operations of the pharmacy related to radiophar- 
maceutical services and shaO be in personal at- 
tendance at all times that the pharmacy renders 
radiopharmaceutical services. 

(b) In emergency situations, and in the absence 
of a qualified nuclear phannacist, designated 
qualified licensed professionals may have access 



to the area designated as the nuclear pharmacy 
area, and these individuals may prepare single 
doses of radiopharmaceuticals for the immediate 
emergency only and must document such activ- 
ities. 

(c) The nuclear pharmacy area shall be secured 
from entry by unauthorized personnel. 

(d) Nuclear pharmacies shall maintain records 
of acquisition, inventor)' and disposition of aU 
radiopharmaceuticals in accordance with Section 
.2300 of this Chapter and the applicable regu- 
lations of the NRC. 

(e) rVll pharmacies handling radiopharma- 
ceuticals shall provide a radioactive storage and 
product decay area which provides sufficient 
protection from radioactivity of all areas sur- 
rounding the nuclear pharmacy area. Detailed 
floor plans shall be submitted to the Board be- 
fore approval of the nuclear phannacy permit. 

(f) Radiopharmaceuticals are to be dispensed 
only upon a prescription or medication order 
from a licensed medical practitioner authorized 
to possess, use and administer radiopharma- 
ceuticals. 

(g) In addition to other labeling requirements 
of the Board for non-radioacti\e drugs described 
in these rules, the container of a radiopharma- 
ceutical shall also be labeled with: 

(1) The standard radiation svmbol; 

(2) The words "CAUTION - RADIOAC- 
TIVE MATERIALS"; 

(3) The radionuclide of the radiopharma- 
ceutical contained therein; 

(4) The chemical form of the radiophar- 
maceutical contained therein; 

(5) The amount of radioactivity of the radio- 
pharmaceutical contained therein and the 
date and time of the calibration of that 
radioactivity; 

(6) The date and time of the expiration of the 
radiopharmaceutical contained therein; 

(7) If the radiopharmaceutical is a liquid, the 
\olume; 

(8) If the radiopharmaceutical is a solid, the 
number of capsules or weight contained 
therein; 

(9) If the radiopharmaceutical is a gas, the 
number of ampules or vials contained 
therein; 

(10) The name, address and telephone num- 
ber of the nuclear pharmacy dispensing 
the radiophannaccutical; 

(11) The prescription or lot number; and 

( 12) The name of the pharmaceutical. 

(i) 1 he application for a pennit to operate a 
nuclear pharmacy must be accompanied by cer- 
tification that the applicant is the holder of a 
cunent approved license from the NRC and the 



1090 



NORTH CAROLINA RECLSTER 



PROPOSED RULES 



number of that license. Copies of the NRC in- 
spection report shall be made available upon re- 
quest for inspection by Board personnel. 

(j) The library of a nuclear pharmacy shall 
contain, in addition to the volumes required by 
Rule .I601(a)(4)(K) of this Chapter, copies of 
current state and federal regulations governing 
the safe storage, handling, use, dispensing, trans- 
port and disposal of radiopharmaceuticals. 

(k) All pharmacies performing Radiopharma- 
ceutical Services shall have in effect a procedures 
manual setting forth the procedures and policies 
of the pharmacy regarding Radiopharmaceutical 
Quality Assurance. This manual shall at all 
times be readily available for review by Board 
personnel. 

Staluton,' Authority G.S. 90-S5.6. 

SKCTION .2800 - STKRILE 
IMIAKMACF.l TIC.ALS 

.2801 SCOPE AND PLRPOSE 

The purpose of this Section is to provide stan- 
dards for the preparation, labeling, and distrib- 
ution of sterile products by Licensed pharmacists, 
pursuant to an order or prescription. These 
standards arc intended to apply to all sterile pro- 
ducts, notwithstanding tlic location of the patient 
(e.g., home, hospital, nursing home, hospice, 
doctor's olTice). 

Statutoiy Authority G.S. 90-85. 6. 

.2802 DKHMTIONS 

(a) Biological Safety Cabinet. A containment 
unit suitable for the preparation of low to mod- 
erate risk agents where there is a need for pro- 
tection of the product, personnel, and 
environment, according to National Sanitation 
Foundation (NSF) Standard 49. 

(b) Class 100 Environment. An atmospheric 
envirormient which contains less than 100 parti- 
cles 0.5 microns in diameter per cubic foot of air. 

(c) C^lotoxic. A pharmaceutical that has the 
capabihty of killing living cells. 

(d) Imteral. Within or by way of the intestine. 

(e) Parenteral. Sterile preparation of drugs for 
injection through one or more layers of the skin. 

(f) Sterile Pharmaceutical. A dosage form free 
from living microorganisms (aseptic). 

Statutoiy Authority G.S. 90-S5.6. 

.2803 REQ FOR PIIARM.\CIES DISPENSING 
STERILE PHARMACEUTICALS 

/Ml locations holding a pharmacy pennit where 
sterile pharmaceuticals are dispensed must meet 
the following requirements: 



(1) The location shall have a designated area 
with entry restricted to designated personnel 
for preparing compounded sterile parenteral 
products. This area shall be structurally 
isolated from other areas, with restricted en- 
try or access, and must be designed to avoid 
unnecessary traffic and airflow disturbances 
from activity within the controlled facility. 
It shall be used only for the preparation of 
these specialty products. It shall be of suf- 
ficient size to accommodate a laminar air- 
flow hood and to provide for the proper 
storage of drugs and supplies under appro- 
priate conditions of temperature, Ught, 
moisture, sanitation, ventilation, and secu- 
rity. 

(2) 1 he permit-holder preparing sterile paren- 
teral products shall have the following 
equipment in addition to that required by 
Board Rule .1601 of this Chapter: 

(a) Appropriate environmental control devices 
capable of maintaining at least Class 100 
conditions in the work place where critical 
objects are exposed and critical activities 
are performed; 

(b) Sink with hot and cold running water that 
is convenient to the compounding area for 
the purpose of hand scrubs prior to com- 
pounding; 

(c) Appropriate disposal containers for used 
needles, syringes, etc., and if applicable 
cytotoxic waste from the preparation of 
chemotherapy agents and infectious 
wastes from patients' homes; 

(d) When c\1oto>dc drug products are pre- 
pared, appropriate environmental control 
also includes appropriate biohazard cabi- 
netry; 

(e) Refrigerator-freezer with a thermometer; 

(f) Temperature controlled delivery contain- 
ers; and 

(g) Infusion devices, if appropriate. 

(3) The permit-holder dispensing sterile phar- 
maceuticals shall maintain adequate inven- 
tories of the following supplies: Disposable 
needles, syringes, and other supplies need for 
aseptic admixture; disinfectant cleaning sol- 
ution; handwashing agents with bactericidal 
action; disposable, lijit-free towels or wipes; 
appropriate filters and fdtration equipment; 
oncology drug spill kit; and disposable 
masks, caps, gowns, and gloves. 

(4) In addition to the requirements of Rule 
.I601(a)(4)(K) of this Chapter, a permit- 
holder dispensing sterile pharmaceuticals 
shall have in its reference library the follow- 
ing reference materials: Handbook on Injec- 
tible Drugs (ASHP); King's Guide to 



NORTH CAROLINA REGISTER 



1091 



PROPOSED RULES 



Parenteral Admixtures; American Hospital 
lomiularN' Service; and Procedure for Han- 
dling Cslotoxic Drugs (ASHP). 

Siatutoiy Authority G.S. 90-85. 6. 

.2804 KKSI'ONSIBIIJTIES OF 

PHARMACIST-MANAGER 

The pharmacist-manager of a permit-holder 
where sterile pharmaceuticals are dispensed must 
be knowledgeable in the speci;ili/ed functions of 
preparing and dispensing compounded, sterile 
pharmaceuticals, including the principles of 
aseptic technique and quality assurance. The 
pharmacist-manager shall be responsible for the 
development and continuing review of aU policies 
and procedures, training manuals, and quality 
assurance programs. Additionally, the pharma- 
cist-manager is responsible for assuring that there 
is a s\stem for disposal of infectious waste in a 
manner so as not to endanger the public health. 

Siatuuny Authority G.S. 90-85. 6. 

.2805 LABELING 

In addition to the st.ondard labeling require- 
ments, containers of sterile pharmaceuticals dis- 
pensed to patients shall be labeled with 
instructions for storage to maintain sterility and, 
for cytotoxic drugs, appropriate warning labels. 

Statutoiy Authority G.S. 90-85.6. 

.2806 RECORDS AND REPORTS 

The pharmacist-manager shall mamtain access 
to and submit as appropriate such records and 
reports as are required to insure the patient's 
health, safety, and welfare. Such reports shall be 
readily a\ailable, maintained for two years, and 
subject to inspections by the Board or its agents. 

SlaiuUiiy Authority G.S. 90-85.6. 

.2807 C^ rOTOXIC DRUGS 

The following additional requirements are nec- 
essary for those permit-holders that prepare cy- 
totoxic drugs: 
(1) .Ml c\1otoxic drugs should be compounded 
in a vertical tlow. Class II, biological safety 
cabinet. No other product should be com- 
pounded in this cabinet. 



(2) Protective apparel shall be worn by per- 
sonnel compounding cvlotoxic drugs. This 
shall include disposable masks, gloves, and 
gowns with tight cuffs. 

(3) Appropriate safety and containment tech- 
niques for compounding c\1otoxic drugs 
shall be used in conjunction with the aseptic 
techniques required for preparing sterile 
products. 

(4) Disposal of cjtotoxic w-aste shall comply 
with all applicable local, state, and federal 
requirements. 

(5) Written procedures for handhng both major 
and minor spiUs of c\1otoxic agents must be 
developed and must be included in the pol- 
icy and procedural manual for the permit- 
holder. 

(6) Prepared doses of cvlotoxic drugs must be 
dispensed, labeled with proper precautions 
inside and outside, and shipped in a manner 
to minimize the nsk of accidental rupture of 
the primarv' container. 

Statuloty Authority G.S. 90-85.6. 

.2808 QLALLLV ASSURANCE 

There shall be a documented, ongoing quality 
assurance control program that monitors per- 
sonnel performance, equipment and facilities. 
Appropriate samples of finished products shall 
be examined to assure that the pharmacy is ca- 
pable of consistently preparing sterile products 
meeting specifications. Such examination shaU 
include testing for microbial contamination. 
Quality assurance procedures shall include: recall 
procedures; storage and dating of products; 
maintenance of a log of the temperature of the 
rctngerator; routine maintenance and report of 
laminar flow hood certification; replacement on 
a regular basis of the pre-filters for the clean air 
source with documentation of the replacement 
date; testing, with written documentation, of the 
in-product for microbial contamination; mainte- 
nance of written justifications for the chosen ex- 
piration date for compounded products; and 
regular quality assurance audits, including in- 
fection control and sterile technique audits. 

Statuton- Authority G.S. 90-85.6. 



1092 



NORTH CAROLIN.i REGISTER 



FINAL RULES 



1 he List of Rules Codified is a listing of 
rules that were filed to be effective in the 
month indicated. 



IXules filed for publication in the NCAC 
may not be identical to the proposed text 
published previously in the Register. Please 
contact this office if you have any questions. 

VT. dopted rules filed by the Departments of 
Coirection, Revenue and Transportation are 
published in this section. These departments 
are not subject to the provisions ofG.S. 150B, 
Article 2 requiring publication in the N.C. 
Register of proposed rules. 

LJ pon request from the adopting agency, the 
te.xt of rules will be published in this section. 



Pu 



unctuation, typographical and technical 
changes to rules are incorporated into the 
List of Rules Codified and are noted as * 
Correction. These changes do not change the 
elfcctr\-e date of the rule. 



ill Li: 17 - DEPARTMKNT OF REVEME 

CHAPTKR 9 - MOTOR FL KLS TAX DIVISION 

SI IJCIIAPTER 9F - DIMSIONAL RLI.ES 

.0001 LOCATION 

(a) The Motor Fuels Tax Division is located 
in the Penmarc Building at 120 Penmarc Drive 
in Ralcigli, North Carolina. The mailing address 
of the Division is P.O. Box 25000, ^Raleigh, 
North Carolina 27640. 

(b) 1 he Motor Fuels Tax Di\ision has five 
field offices. They are located in: 

(1) Asheville, North Carolina; 

(2) Charlotte, North Carolina; 

(3) Fayette viUe, North Carolina; 

(4) Greensboro, North Carolina; 

(5) Winston Salem, North Carolina. 

History Note: Staiutoiy Authoritv G.S. 105-430 
through 105-449.56; l'l9-l5 throui^h 119-22; 
I43B-20: I43D-22I; 
Eff January I. 1983; 
Amended Eff Februarv I, 1990; March I. 19S7. 



The Motor Fuels Tax Division is administered 
by a director and assistant director. The Division 
is divided into three sections: administrative, of- 
fice operations and audit section. 

(1) The administrative section includes the di- 
rector, assistant director, and two secretaries. 
It is the responsibility of the director and 
assistant director to administer the entire 
operations of the Division. They handle 
personnel matters in conjunction with the 
section supervisors; devise rules and regu- 
lations; resolve controversial issues; conduct 
conferences with taxpayers and their repre- 
sentatives; represent the Department in 
hearings before the Secretary of Revenue 
and generally direct the activities of the Di- 
vision. 

(2) The office operations section receives and 
processes gasoline, special fuels and highway 
fuel use reports as well as quarterly and an- 
nual refund claims for motor fuels. This 
section issues vehicle fuel registrations and 
temporarv" emergency permits and is re- 
sponsible for the accounting functions. /Vn 
administrative assistant directs the oper- 
ations of this section. 

(3) The field audit section is responsible for 
making the necessap>' field audits for all 
schedules administered h\ the Motor Fuels 
Tax Division. The assistant director directs 
the operations of this section. 

Historv Note: Statutory- Authority G.S. 105-430 
throui;h 105-449.56; 119-15 through 119-22; 
I43B^-I0; I43B-22I; 
Eff January I, 1983: 
Amended Eff February I. 1990; March I. 1987. 

SLBCIIAPTER 91 - HIGHWAY FUEL USE TAX 

SECTION .0100 - OPERATIONS 

.0102 OPERATIONS OF NEHICI.ES 
EXCLUDED FROM REPORTS 

(a) F\'er\' motor carrier shall report the oper- 
ations of all subject \ehicles in its fleet when cal- 
culating fuel used in North Carolina pursuant to 
G.S. 105-449.44 for purposes of filing the report 
required by G.S. 105-449.45, except that the 
motor carrier may exclude such vehicles that op- 
erate exclusively intrastate. 

(b) The election to exempt intrastate vehicles 
shall remain in effect for at least four succcssi\e 
calendar quarters. 

(c) Vehicles using special fuels that operate 
wholly within North Carohna must be reported 
on the appropriate special fuels report, i.e.; sup- 
plier, reseller, bulk user or user. 



.0003 DIMSIONAL ORGANIZ.VTION 



Histoiy Note: Statutoiy Authority G.S. 105-262; 



NORTH CAROLINA REGISTER 



1093 



FlIVAL RULES 



105-449.32; 105-449.37; 105-449.45; 

Eff. January I. I9S3; 

Amended Eff. February I. 1990; March 1, I9S7. 

.0103 REGIS IRATION CARDS AND 

VKIIICLK IDKMIHCATION MARKERS 

(a) EvcPf' "motor carrier", as defined by G.S. 
105-449.37, that operates or causes to be oper- 
ated a motor \ehicle subject to G.S. 105-449.47 
shall obtain a registration card and vehicle iden- 
tification marker for each such vehicle before it 
is operated or caused to be operated on any street 
or higtiway in North Carolina. The "motor car- 
rier" shall file all highway fuel use tax reports re- 
quired under Article 36B. 

(b) The lessee of a motor vehicle and not the 
lessor is a "motor carrier" except when a lessor 
of a motor vehicle gi\es written notice to the 
secretary that the lessor desires to be treated as a 
"motor carrier". When a vehicle subject to this 
.Article is being operated under a lease of less than 
30 days, the owner of the vehicle shall obtain the 
pennit. 

History Sole: Statuioiy Authoritv G.S. 105-262; 
105-449.32: 105-449.37; 105-449.45; 
Eff January I. I9S3; 
Amended Eff February 1. 1990; March I. I9S7. 

SECnON .0200 - NOR III CAROLINA FLEL 
I'l RCIIASES 

.0201 N.C. RETAIL El EL PLRCHASE 
IN\OICES 

(a) North Carolina retail fuel purchase invoices 
must contain the following information: 

(1) Date of purchase; 

(2) Seller's name and address; 

(3) Purchaser's name (in the case of a 
lessee lessor agreement, receipts will be 
accepted in cither name, provided a legal 
connection can be made to reporting 
p;irty); 

(4) Number of gallons; and total cost of fuel; 

(5) Fuel t>pe; and 

(6) Company unit number or \ehicle license 
plate number and state. 

(b) In order for the motor carrier to obtain 
credit for retail tax paid purchases, a receipt or 
in\oice, a credit card receipt, or 
microfilm microfiche, or computer imaging of 
the receipt or in\()ice must be retained by the 
motor earner showing e\idence of such purchases 
and tax having been paid. 

(c) In\oices must be maintained for a period 
of at least three \ears for possible audit by agent 
of the N(irth Carolina Department of Re\enue. 

Ifistoiy .\flte; Staiutoiy Auihorhv G.S. 105-262; 
105-449.10; 105-449.26; 105-449.32; 105-449.39; 



Eff January 1, 1983; 
Amended Eff. February 1, 1990. 

.0202 WITHDRAWALS FROM I5LLK STORAGE 

(a) A motor carrier maintaining bulk storage 
of North Carolina tax paid motor fuel is entitled 
to credit on the higliway fuel use tax report based 
on the date the fuel is put into the motor vehicle, 
not on the date of purchase. 

(b) A motor carrier who withdraws fuel from 
bulk storage must maintain withdrawal records 
containing the following information: 

( 1 ) Date of withdrawal; 

(2) Number of gaUons; 

(3) Fuel type; 

(4) Company unit number or \'ehicle license 
plate number and state; and 

(5) Purchase and inventory records to sub- 
stantiate that tax was paid on all bulk 
purchases. 

(c) Upon application by the motor carrier, the 
state may waive the requirement of unit numbers 
for fuel withdrawn from its own bulk storage and 
placed in its subject \chicles. The motor carrier 
must show that adequate records are maintained 
to distinguish fuel placed into subject vehicles 
from that placed into non-subject vehicles. 

Ifi.uory Sole: Statutory .Authority G.S. 105-262; 
105-449.39; 
Eff Januarys 1, 1983; 

Amended Eff Februarv 1, 1990; .May I. 1987; 
March I, 1987. 

SECTION .0300 - CREDITS .\ND REFUNDS 

.0302 REFLNDS 

(a) The Secretary may make refunds at his sole 
discretion without prior audit or without having 
been furnished bond if the motor carrier has 
complied with the provisions of Subchapter V 
of the Revenue Laws of North Carolina and the 
rules and regulations promulgated thereunder for 
a period of one full prior registration year. 

(b) Beginning with the first quarter of 1990, a 
motor carrier may request a refund when its cre- 
dit for North CaroUna tax paid fuel purchases for 
its subject vehicles exceeds its liabihty for fuel 
used in North Carolina by such vehicles. The 
motor carrier may request a refund for the excess 
by checking the designated block on the quarterly 
highway fuel use tax report fonn. 

(c) A motor carrier may also request refund for 
any of the eight preceding quarters on which its 
credit exceeds its Liability m North Carolina and 
on which it has not been previously refunded for 
such excess, or it has not used such excess as a 
credit for subsequent quarters on which it had 
incurred a net liability except that i'm\' refund for 



1094 



NORTH CAROLINA REGISTER 



FINAL RULES 



excess purchases prior the first quarter of 1990 
must be applied for on I'orm Gas. 1280 within 
180 days from the end of the quarter for which 
the refund is requested. 

History \ote: Statutory Authority G.S. J 05-262; 
105-449.40; 
Eff. January I, 1983; 
Amended Eff. February I, 1990. 

SECTION .0400 - T.AX RKI'OR TS AND MILES 
PER GALLON FACTORS 



(a) Application for vehicle registration, Form 
Gas. 1274, is filed by operators of vehicles subject 
to the North Carolina Highway Fuel Use Tax 
L^w. Applicants are issued a registration card 
and identification marker for each subject vehicle. 
There is no fee for the card and marker. 

(b) The application must show the equipment 
number, make, serial number, state in which ve- 
hicle is licensed, type of vehicle (truck or bus), 
type of fuel used, and whether or not the motor 
carrier maintains storage of special fuels in North 
Carolina. 



.0401 QLARTERLV TAX REPORT 

(a) Persons operating vehicles subject to the 
highway fuel use tax must file a highway fuel use 
tax quarterly report. 

(b) 'fhe report requires a computation of North 
Carolina fuel used. Credit is allowed on North 
Carolina tax paid fuels purchased. 

(c) North Carolina fuel used is computed by 
di\ iding the fleet average miles per gallon of re- 
ported vehicles into the North Carolina miles 
operated by reported vehicles. 

Ubtory Mote: Statutory Authoritv G.S. 105-262; 
105-449.39; 105-449.42; 105-449.44 through 
105-449.45; 
Eff .January I. I9S3; 
Amended Eff February I, 1990; March I, I9S7. 

.0402 A\ ERAGE MILES PER G.VLLON 
FACIORS 

(a) The Department does not have the au- 
thority to grant carriers the privilege of basiiig 
their reports on an estimated miles per gallon 
factor. 

(b) In the absence of records substantiating 
total rrulcs and or total fuel, audits will be based 
on average miles per gallon factors of other car- 
riers with similar equipment and similar oper- 
ations. 

(c) The use of a miles per gallon factor on an 
audit is not an authonzation for filing future re- 
ports on an average miles per gallon factor. 

(d) Audits will be based on current information 
of carriers maintaining complete and accurate re- 
cords as required by statute. 

History Note: Statutory Authority G.S. 105-262; 
105-449.44 through 105-449.45; 
Eff Januan' I, 1983; 
Amended Eff February I, 1990; March I. 1987. 

SECTION .0500 - REGISIRAIION CARDS AND 
IDENIII IC.ATION MARKERS 

.0501 APPLICATION LOR \EIIICLE 

REGISTRATION: FORM GAS. 1274 



Uistorv Xote: Statutory Authority G.S. 105-262; 
105-449.3; 105-449.9; 105-449.32; 105-449.45; 
105-449.47 through 105-449.48; 105-449.50; ' 
Eff .lanuaty I, 1983; 
Amended Eff February /, 1990; March f 1987. 

.0502 REGISTR.\TION OF MEAN V \EIIICLES 
LICENSED IN NORTH CAROLINA 

History Note: Statutory Authority G.S. 20-88.01; 
105-262; 105-449.3; 105-449.9; J 05-449. 32; 
105-449.45; 105-449.47; 105-449.48; 105-449.50; 
Eff January f 1983; 

Amended Eff May I, 1987; March f 1987; 
Repealed Eff February /, 1990. 

.0503 PERMITS: LEASES 

(a) A lessee leasing units from other operators 
should not apply for the registration card and 
vehicle identification marker unless the lessor is 
leased to the lessee for a period of 30 days or 
more. 

(b) A lessee who has obtained a registration 
card and vehicle identification marker for a velii- 
cle under permanent lease must return the card 
and marker to the .Motor Fuels Tax Division if 
the lease is cancelled for any reason. 

History Note: Statutory Authority G.S. 105-262; 
105-449.37; 
Eff January I, 1983; 
Amended Eff February 1, 1990; .\ Larch /, 1987. 

.0504 NO NEIIICI.E REGISTR.\TION 
REQUIRED 

History Note: Statutory' Authority G.S. 105-262; 
105-449.47 through 105-449.49; 
Eff January 1. 1983; 
Amended Eff July 1, 1988; May 1. 1987; 
March I. 1987; 
Repealed Eff February 1. 1990. 

.0506 DEALER: M.VNLF.\CTl RER: 
DRI\ EAWAV: TR.ANSPORTER 

Persons operating heaN'y' vehicles with a dealer, 
manufacturer, driveaway or transporter license 



NORTH CAROLINA REGISTER 



1095 



FINAL RULES 



plate, issued cither in North Carolina or other 

jurisdictions must obtaui a fuel registration card, History Note: Statutory Authoritv G.S. 105-262; 

Hut not a vclucle idcnt.hcat.ori marker, from the 105-449.45; 105-449.47; 105-449.48; 105-449.50; 

Motor lucls lax Division. Ihcre is no tee tor 

the fuel registration card. These vehicles must '-ff- ^'^rcrt /, I9S7; 

have a fuel registration card at all times while Amended Eff. Febnmry 1 , 1990. 

operating in North CaroUna. 



1096 NOR TH CAROLINA REGIS TER 



FINAL RULES 



NORIM ( AROI.IW ADMIMSIRAIIM (ODK 

LIS! OF Rl IKS C ODII IKI) 

I KBRl ARV 1*^90 



a(;k\cv 

DH'ARIMKM (>!■ (OKRK HON 

5 NCAC 2C .0101 

.1002 
.1002 

SIAIK H()\KI) Ol UK I IONS 



A( HON I AKKN 



AinL'ni.k'd 
Amended 
Temp. .Amended 
l-xpires 01-31-^0 



8 NCAC 1 .0004 Amended 

Ol I K KS Ol INK COXKHNOR AM) I IKlllNAM COMKNOK 

') NC.\C 2B Ixeeulive Order Number 101 

1 If. Deeember 21, 1^8') 
l'xeeuti\e Order Number 102 
I IT. IX-eember 21, 1^80 



nH'XRIMKM Ol III M \N RK.SOl RC KS 



NCAC 



3G 



31' 


.0203 




4C 


.0302 - 


.0303 


7A 


.0106- 
.0209 
.0405 
.0504 


.0107 


7C 


.0204 
.0205 






.0601 - 


.0602 




.0603 






.0604 - 


.0608 


IG 


.0302 - 


.0303 


8.\ 


.1202 




SB 


.0110 - 
.0')02 
.0')04 
.0406 


.0116 


8C 


.1106 




81) 


.1105 




')i:i 


.0309 
.0317 




o.\ 


.0443 
.0444 
.1935 






.1937 - 


.1938 



Iranstened and Reendified 
to l.\A NCAC 11 
i;ir. Januarx 4, 1990 
Amended 
Amended 
Amended 
Amended 
Amended 
.Adopted 
Repealed 
Amended 
Amended 
Repealed 
Adopted 
Amended 
Amended 
Amended 
Amended 
.Amended 
Amended 
Amended 
I'emp. Amended 
1-xpires 06-27-90 
Amended 
Amended 
Amended 
Amended 

♦ CoiTeetion 

* CoiTeetion 



NORTH CAROLINA REGISTER 



109' 



FINAL RULES 





1940- 


.1941 


* Correction 




1944 




* Correction 




1946 




* Correction 




1948- 


.1949 


* Correction 




1951 - 


.1952 


* Correction 




1954- 


.1958 


* Correction 




1961 




* Correction 


18L 


1501 - 


. 1 524 


Adopted 


48A 


0101 - 


.0105 


Repealed 




0107- 


.0108 


Repealed 




0201 - 


,0204 


Repealed 




0301 - 


.0303 


Repealed 




0401 - 


.0414 


Adopted 




0501 - 


.0514 


Adopted 


51D 


0107 




Temp. .Vmended 
Expires 06-22-90 


nKI'ARTMKM OF INSl K AN 


CE 


.0103 




11 NCAC 6B 


0102 - 


Amended 




0105 




Amended 




0106- 


.0107 


Adopted 




0201 




Amended 




0204- 


.0205 


Amended 




0304 




Amended 




0401 




Amended 




0404- 


.0405 


Adopted 


10 


0602 




.Amended 


12 


080 1 - 


.0814 


Adopted 


nFPARTMFNT OF ,11 STICE 








12 NCAC 7D 


0401 




Amended 




0701 




Amended 




0706 




Amended 




0801 




Amended 




0803 




Amended 




0806- 


.0807 


Amended 


DEPARTMENT OF ENVIRON 


MENT 


. HEALTH, 


AND NATl RAL RESOl RCES 


15A NCAC 3A 


0001 




Amended 




0004 




Amended 


3B 


0113 




.Amended 




0903 




.Amended 




0906 




Amended 




1103 




Amended 




1107 




Amended 




1111 




.Amended 




1601 




Amended 




1603- 


.1604 


Amended 


3F 


0106 




iVmended 


lOB 


0105 




Amended 




0118 




/Vmended 


IOC 


0305 




.Amended 


lOF 


0308 




.Amended 




0345 




Amended 


lOJ 


0001 - 


.0004 


Adopted 



109H 



NORTH CAROLINA REGISTER 



FINAL RULES 



DII'MMMKNI Ol Rl \KM K 



17 NCAC 9F .0001 

.0003 
91 .0102 -.0103 
.0201 - .0202 
.0302 

.0401 - .0402 
.0501 
.0502 
.0503 
.0504 
.0506 



Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Repealed 
Amended 
Repealed 
Amended 



HO AkI) Ol C OSMKIIC ART FXAMIM.KS 

21 NCAC 14\1 .0018 - .0023 Adopted 

.0025 - .0034 Adopted 

HOARD Ol' DKM Al KWMINKRS 

21 NCAC 16Q .0101 Adopted 

.0201 - .0205 Adopted 

.0.^01 - .0303 Adopted 

.0401 - .0403 Adopted 

.0501 - .0502 Adopted 

.0601 Adopted 

HOARD Ol KXAMINKRS OF ILKCIRICAI COM R VC lORS 



NCAC ISB .0103 
.0201 
.0208 
.0301 
.0303 
.0.W6 
.0401 
.0403 

.0405 - .0406 
.0502 - .0505 
.0601 

.0702 - .0703 
.0801 
.0809 

.0901 - .0903 
.0905 - .0906 
.1001 - .1002 



Amended 
Amended 
Aniendcd 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 



HO \RI) Ol Rl (;iSrR \ I ION lOK FORKS I KRS 



NCAC 



20 .0006 
.0014 



Amended 
Amended 



DFI'\RIMFM OF (OMMIM lA ( Ol I FCFS 



23 



NCAC 



2C .0604 



Adopted 



NORTH CAROLINA RECISTER 



1099 



,\()RTIl CAROLISA ADMIMSTRATH E CODE CLASSIEICATION SYSTEM 

HILK/MA.K)R DIMSIONS Ol IIIi; NORIII CAROLINA ADMIMSI RATIM: ( ODK 
nil K DKPARIMKM 

1 Administration, Department of 

2 Agncuiturc, Department of 

3 Auditor. Department of State 

4 Fconoinic and Community Development. Department of 

5 Correction. Department of 

6 Council of Slate 

7 Cultural Resources. Department of 

8 riections. State Board of 

9 (jo\enior, Office of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice. Department of 

13 I abor. Department of 

I4.\ (~nme C~ontrol and Public Safety. Department of 

15.\ I'n\Lronment. Health, and Natural Resources, Department of 

16 Public Uducation. Department of 

17 Revenue. Department of 

15 Secretary of State. Department of 
10.\ Transportation. Department of 
20 Treasurer. Department of State 

*2l Occupational I icensing Boards 

22 .\dministrati\e Procedures 

23 Community Colleges, Department of 

24 Independent .Agencies 

25 State Personnef, Office of 

26 .\dministrati\'e Hearings. Office of 

N( ) 1 I : f itle 21 contains the chapters of the \arious occupational licensing boards. 

ClI U'llR I K 1:NSIN(. BOARDS 

2 Architecture. Board of 

4 Auctioneers, Commission for 

6 Barber l-.\aminers. Board oi 

8 Certified Pubhc Account;mt txammers, Board of 

10 Chiropractic lixaminers. Board of 

12 General Contractors. Licensing Board for 

14 Cosmetic Art E.xaminers. Board of 

16 Dental Lxammers, Board of 

15 1 lectncal Contractors. Board of L!xaininers of 

20 Loresters. Board of Registration for 

21 Geologists, Board of 

22 Hearing .Aid Dealers and litters Board 
26 Landscape Architects. Licensing Board of 

28 Landscape Contractors. Registration Board of 

31 Marital & Lamih I herapx" (A'rtification Board 

32 Medical Lxaminers, Board of 

33 .MidwifcPv" Joint Committee 

34 Mortuars Science. Board of 

36 Nursing. Board of 

37 Nursing Home Administrators. Board of 

38 Occupational Therapists, Board of 
40 Opticians, Board of 

42 OptometPi , Board of Lxaminers in 



11(10 M)RTH CAR()LL\A REGISTER 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy Examiners, Board of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and Audiologists, Board of Examiners of 
66 Veterinarv Medical Board 



NORTH CAROLINA REGISTER 1101 



CUMULA TIVE INDEX 



CUMULATIVE ISDEX 

(April 1989 - March 1990) 



1989 - 1990 



Pages 



Issue 



1 - 151 1- April 

152 - 192 2- April 

193 - 216 3- May 

217 - 289 4- May 

290 - 311 5- June 

312 - 364 6- June 

365 - 454 7- July 

455 - 477 8- July 

478 - 521 9- August 

522 - 584 10- August 

585 - 616 11- September 

617 - 658 12- September 

659 - 712 13- October 

713 - 765 14- October 

766 - 801 15- November 

802 - 825 16- November 

826 - 856 17- December 

857 - 891 18- December 

892 - 929 19- January 

930 - 1020 20- January' 

1021 - 1105 21- Tebruan- 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

1-R - I inal Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

Nl' - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

PR - 1 cmporaiy Rule 



ADMIMSIRAIION 

State Gonstruction, 827 PR 

admimsiraiim: iif:arin(.s 

General, 879 PR 
Ileannizs Division, 880 PR 
Rules Division, 880 PR 

admimsiraiim; ordir 

Administrative Order, 4, 152, S02 



1102 



NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



AGRICULTURE 

Cotton Warehouse, 220 PR 

Gasoline and Oil Inspection Board, 931 PR 

Markets, 217 PR, 546 PR 

Pesticide Board, 292 PR 

Plant Conservation Board, 196 PR 

Plant Industr)', 153 PR, 218 PR, 895 PR 

State Fair, 217 PR 

COMMLAITY COLLEGES 

Board of Community Colleges, 352 PR 

CORRECTION 

Departmental Rules, 815 FR 

Division of Prisons, 472 FR, 646 FR, 759 FR, 817 FR, 883 FR, 1007 FR 

CRIME COM ROL AM) PUBLIC SAFETY 

Victim and Justice Services, 573 PR 

CULTURAL RESOURCES 

Archives and History-, 370 PR, 455 PR, 593 PR, 720 PR 

yVrts Council, 371 PR 

L'.S.S. North Carolina Battleship Commission, 548 PR 

ECONOMIC AND COMMLAITV DE^ ELOPMENT 

Banking Commission, 1023 PR 

Cemetery Commission, 198 PR, 766 PR 

Community Assistance, 858 PR 

Credit Union, 1026 PR 

Departmental Rules, 901 PR 

Finance Center, 368 PR 

Hazardous Waste Manaszemcnt Commission, 716 PR, 834 PR 

Milk Commission, 455 PR, 834 PR 

Seafood Industrial Park Authority, 806 PR 

EDUCATION 

Elementary and Secondary Education. 253 PR, 295 PR, 511 PR, 739 PR, 843 PR 

ELEC nONS, STATE BOARD OF 

Departmental Rules, 661 PR 

ENMRONMEN I, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 239 PR, 508 PR, 574 PR, 735 PR, 1078 PR 

Community Assistance, 134 PR 

Departmental Rules, 601 PR 

Economic Opportunity, 178 PR 

Environmental Management, 18 PR, 160 PR, 202 PR, 238 PR, 295 PR, 347 PR, 

431 PR, 456 PR, 700 PR, 730 PR, 866 PR, 992 PR, 1072 PR 
Governor's Waste Management Board, 617 C 
Land Resources, 868 Plf 
Manne Fisheries, 47 PR, 457 PR, 866 PR 
Wildlife Resources and Water Safety, 134 PR, 178 PR, 207 PR, 252 PR, 574 PR, 

700 PR, 738 PR, 776 PR, 809 PR, 872 PR, 903 PR 

FINAL DECISION LEITERS 

Voting Rights Act, 5, 193, 367, 523, 587, 618, 659, 714, 803, 857, 1022 

FINAL RULES 



NORTH CAROLINA REGISTER 1103 



CUMULA TIVE INDEX 



List of Rules Codified, 183 TR, 274 FR, 303 FR, 445 FR, 515 FR, 609 FR, 704 FR, 788 FR, 
847 FR, 1009 FR, 1097 FR 

GOVKRNOR/L T. GOVKRNOR 

Fxccutivc Orders, 1, 290, 312, 365, 478, 522, 585, 713, 826, 892, 930, 1021 

HIM AN RKSOURCES 

Aging, Division of, 859 PR 

Departmental Rules, 372 PR 

Fconomic Opportunity, Division of, 1070 PR 

Fmplovment Programs, 1062 PR 

Facility Ser%ices, 199 PR, 377 PR, 594 PR, 1029 PR 

Governor's Waste Management Board, 552 PR 

Health Services, 153 PR, 315 PR, 405 PR, 661 PR, 933 PR 

Individual and l'amil\' Support, 1063 PR 

Medical Assistance, r58 PR, 294 PR, 455 PR, 549 PR, 601 PR, 620 PR, 722 PR, 808 PR, 1068 PR 

Mental Health, Mental Retardation and Substance Abuse SerMces, 17 PR, 417 PR, 685 PR, 960 PR 

Services for the Blind, 1067 PR 

Social Ser\ices, 550 PR, 773 PR 

Vocational Rehabilitation Services, 7 PR, 766 PR 

Water Treatment Facility Operators Board of Certification, 549 PR 

INDKPKNDHNT AGENCIES 

Housmg Finance Agency, 459 PR 

INSIRANCE 

Admission Requirements, 836 PR 

Agent Services Division, 561 PR 

Fnuineering and Building Codes, 775 PR, 1071 PR 

Fire and Casualty Division, 202 PR, 479 PR, 689 PR, 986 PR 

Life, Accident and Health Division, 690 PR 

JUSTICE 

Alarm Svstcms Licensing Board, 991 PR 

Criminal Justice Education and Training Standards Commission, 569 PR, 860 PR 

Private Protective Services Board, 621 PR, 990 PR 

SheriiTs Education and Training Standards Division, 491 PR 

LICENSING BOARDS 

Architecture, 349 PR 

CPA Examiners, 458 PR, 810 PR 

Electrical Contractors, 741 PR 

General Contractors, 512 PR, 844 PR 

Geologists, Board for licensing of, 878 PR 

Landscape Architects, 443 PR,^756 PR 

Medical F:xaminers. Board of 604 PR, 701 PR, 1081 PR 

North Carolina Certification Board for Social Work, 179 PR 

Nursing, Board of 296 PR, 778 PR 

Pharmacy, Board of 1087 PR 

Physical Therapy Examiners, 262 PR 

Plumbing and Heating Contractors, 757 PR 

Practicing Psychologists, 606 PR 

Real Estate Commission, 993 PR 

Sanitarian Examiners, Board of 785 PR 

REXENLE 

Departmental Rules, 885 FR 
Motor Fuels Tax Division, 1093 FR 
Sales and Use Tax, 353 FR 



11U4 NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



STATE PERSONNEL 

State Personnel Commission, 181 PR, 210 PR, 265 PR, 461 PR, 624 PR, 786 PR, 923 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 524 SO 

TRANSPORTATION 

Division of Motor Vehicles, 140 FR, 607 FR, 648 FR 



NOR TH CA ROLINA REGIS TER 1 105 



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1 - 24 
25 - 52 
1 -4 
1 - 2 
3- 20 
1 - 2 
3-4 
1 -4 
1 - 11 
1 - 9 
1 -4 

I - 2 
3A- 3K 
3L - 3R 

3S-3U 

4 - 6 

7 

8- 9 
10 

II - 14 
15- 17 
18 

19- 30 
31 - 33 
34-41 
42 

43 - 5 1 
1 - 15 


All titles 

Administration 

Agriculture 

Agriculture 

Auditor 

BCD (includes ABC) 

ECD 

Correction 

Correction 

Cpuncil of State 

Cultural Resources 

Elections 

Governor 

Human Resources 

Human Resources 

Human Resources 

(includes CON) 
Human Resources 
Human Resources 
Human Resources 

(includes BrcathaUzer) 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Insurance 


$750.00 
90.00 
75.00 
75.00 
10.00 
45.00 
90.00 
60.00 
30.00 

60.00 
10.00 
45.00 
30.00 
90.00 

45.00 
30.00 
30.00 

30.00 
60.00 
90.00 
60.00 
45.00 
75.00 
90.00 
30.00 
60.00 
45.00 
90.00 
90.00 




1 




2 




3 




4 




5 




6 




7 




8 




9 




10 




11 




12 




13 




14 




15 




16 




17 




18 




19 




20 




21 




22 




23 




24 




25 




26 




27 




28 






Continued 



\'olume Title 







New 


Chapter 


Subject 


Subscription* 


1 - 12 


Justice 


90.00 


1 - 6 


Labor 


30.00 


7 


OS HA 


45.00 


8- 15 


Labor 


45.00 


1 - 11 


Crime Control and 






Public Siifety 


45.00 


1 - 2 


EHNR (includes EMC) 


90.00 


3- 6 


ElINR 


45.00 


7 


Coastal Management 


45.00 


8- 9 


LHNR 


30.00 


10 


Wildlife 


45.00 


11-22 


LIINR 


60.00 


1 -6 


L'ducation 


30.00 


1 - 6 


Re\enue 


75.00 


7- 11 


Revenue 


60.00 


1 - 7 


Secretar>- of State 


30.00 


1 - 6 


Transportation 


90.00 


1 - 9 


Treasurer 


45.00 


1 - 16 


Licensing Boards 


75.00 


17- 37 


Licensing Boards 


75.00 


38 - 70 


Licensing Boards 




1 - 2 


Administrative Procedures 


75.00 


1 - 2 


Community Colleges 


10.00 


1 - 2 


Independent Agencies 


10.00 


1 


State Personnel 


60.00 


1 -4 


Administrative Hearings 


10.00 



Quantity 



Total 
Price 



i 



29 


12 


30 


13 


31 


13 


32 


13 


33 


14A 


34 


15A 


35 


15A 


36 


15A 


37 


15A 


38 


I5A 


39 


I5A 


40 


16 


41 


17 


42 


17 


43 


18 


44 


19A 


45 


20 


46 


21 


47 


21 


48 


21 




22 


49 


23 


50 


24 


51 


25 


52 


26 



lotal 



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